YORK v. SMITH

No. MM-488.

385 So.2d 1110 (1980)

Arthur YORK, Appellant, v. Evelyn SMITH, Personal Representative of the Estate of Phillip L. York, Deceased, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 29, 1980.


Attorney(s) appearing for the Case

Michael T. Callahan and Ronald W. Brooks, of Brooks & Callahan, Tallahassee, for appellant.

Harry H. Mitchell and George S. Reynolds, III, Tallahassee, for appellee.


ROBERT P. SMITH, Jr., Judge.

Arthur York, who offered for probate the putative will of his brother Phillip, appeals from the circuit court order denying the instrument admission to probate. The instrument is wholly in Phillip's handwriting and was executed by him on February 26, 1974. He acknowledged his signature before subscribing witnesses three years later, on March 22, 1977, not quite two months before he died. In a scarce eight lines, the putative will bequeaths...

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