IN RE ESTATE OF BAIRD

No. 75-2059.

343 So.2d 41 (1977)

In re ESTATE OF Charles A. BAIRD, Deceased. Mary B. HICKS, Appellant, v. Arthur SCHWAB, Administrator CTA of Estate of Charles A. Baird, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 29, 1977.


Attorney(s) appearing for the Case

William L. Ranaghan of Sullivan, Cochran, Ranaghan, Bailey & Gleason, P.A., Pompano Beach, for appellant-Mary B. Hicks.

Peter A. Portley of Zimmerman, Haywood & Portley, Pompano Beach, for appellee.


SCHWARTZ, ALAN R., Associate Judge.

The decedent's will, which had been in his possession for almost three years, could not be found after his death, thus giving rise to the so-called presumption that he had destroyed the will with the intention of revoking it. The trial judge nonetheless denied a petition, brought by the decedent's heir-at-law, to revoke the probate of an executed copy of the will, thereby determining that the presumption had been successfully overcome...

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