IN RE ESTATE OF McCLINTOCK

No. 78-2234.

374 So.2d 93 (1979)

In re ESTATE OF Mary Jane McCLINTOCK. Anita F. WOLGAST, Appellant, v. Jack S. CAREY, Appellee.

District Court of Appeal of Florida, Second District.

August 17, 1979.


Attorney(s) appearing for the Case

Robert P. Kalle, St. Petersburg, for appellant.

Philip W. Dann of Baird, Robinson & Dann, St. Petersburg, for appellee.


STRICKLAND, J. TIM, Associate Judge.

This is an appeal from an order admitting a will to probate. In the trial court, appellant beneficiary under a prior will contested appellee's petition for administration. The issues on appeal are undue influence and incorrect application of the dead man's statute, Section 90.05, Florida Statutes (1977).

On May 1, 1977, Mary Jane McClintock gave oral instructions to Mary Thompson as to the contents of her new will. Mary...

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