SHAMAS v. RITTER

No. 82-1266.

432 So.2d 128 (1983)

George J. SHAMAS, Michael J. Shamas, and Rebecca Kreed Shamas, Appellants, v. Dorthea E. RITTER, As Personal Representative of the Estate of Helen V. Curry, Deceased and Joseph F. Jennings, Guardian and Litem of Joseph Coley Ritter, a Minor Beneficiary, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 15, 1983.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for appellants.

McDonald & McDonald and David McDonald, Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, and Joseph F. Jennings, Miami, for appellees.

Before SCHWARTZ, C.J., FERGUSON, J., and GOMEZ, HELIO, Associate Judge.


PER CURIAM.

The trial court's findings that appellee overcame the presumption of undue influence by coming forward with a reasonable explanation for her active role in the testatrix's affairs, especially in the preparation of a new will, is supported by competent and substantial evidence and thus, will not be disturbed. See In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971); In re Estate of Blakey,

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