ESTATE OF FANELLI

No. 75-392.

336 So.2d 631 (1976)

In re ESTATE OF Mary Jo FANELLI, Deceased. Mary Ann BONGIORNO, Appellant, v. Mary Virginia FANELLI, Appellee.

District Court of Appeal of Florida, Second District.

August 20, 1976.


Attorney(s) appearing for the Case

Michael L. Kinney of Rood & Kinney, and Edward M. Waller, Jr. of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for appellant.

T.M. Tucker of Harrison, Greene, Mann, Rowe & Stanton, St. Petersburg, for appellee.


HOBSON, Acting Chief Judge.

Mary Ann Bongiorno, the sole beneficiary under the will of Mary Jo Fanelli, appeals a final judgment entered pursuant to a jury verdict finding that testatrix did not have testamentary capacity at the time she executed her will. The circuit court, as a court of probate, declared the purported will to be null and void and of no force and effect and ordered that it be set aside.

The record reflects that the will was executed on February...

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