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IN RE ESTATE OF GRANT

No. 82-1447.

433 So.2d 681 (1983)

In re the ESTATE OF Isaiah H. GRANT, Etc. Janet Grant WILLIAMS, Appellant, v. Jehu A. IRICK, As Personal Representative of the Estate of Isaiah H. Grant, Deceased, Appellee.

District Court of Appeal of Florida, Fifth District.

June 30, 1983.

Attorney(s) appearing for the Case

Theodore R. Doran of Leonhardt & Upchurch, P.A., Daytona Beach, for appellant.

No appearance for appellee.

COWART, Judge.

Appellant filed a 1977 will of a decedent and petitioned for revocation of probate of a 1975 will. Appellee, personal representative, served an affirmative defense alleging the decedent lacked testamentary capacity to execute the 1977 will. Upon motion the probate court dismissed the petition for revocation of probate on the ground that since appellant filed no reply denying the allegations in the affirmative defense those allegations were admitted...

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