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McCARTHY v. ESTATE OF CAUSEY

No. HH-122.

357 So.2d 471 (1978)

Mary Katherine McCARTHY et al., Appellants, v. ESTATE OF Joseph E. CAUSEY, Deceased, Appellees.

District Court of Appeal of Florida, First District.

April 18, 1978.

Attorney(s) appearing for the Case

John Paul Howard, Jacksonville, for appellants.

Berrien Becks, Jr., Daytona Beach, Thorwald J. Husfeld, DeLand, McKenney J. Davis, Jacksonville, Cynthia S. Tunnicliff and Sam Spector, of Spector & Tunnicliff, P.A., Tallahassee, for appellees.

BOOTH, Judge.

This cause is before us on appeal from the order of the Circuit Court, Volusia County, denying petition for revocation of probate of will. The order sought to be reviewed finds that the decedent, Joseph E. Causey, was competent and of sound mind at the time the will was executed; that the will was not procured through undue influence and states:

"The Court is doubtful that a confidential relationship existed between the Respondents and JOSEPH...

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