IN RE ESTATE OF EDSELL

No. 83-465.

447 So.2d 263 (1983)

In re ESTATE OF Ralph James EDSELL, Jr., Deceased. Mary June EDSELL, Appellant, v. Lisa EVERED and John E. Edsell, Jr., Co-Personal Representatives, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 10, 1984.


Attorney(s) appearing for the Case

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and Joseph F. Jennings, and W. Samuel Holland, for appellant.

Steel, Hector & Davis and Robert W. Goldman, Andrew M. Tobin, and W. Peter Burns, Miami, for appellees.

Before HENDRY, BASKIN and FERGUSON, JJ.


PER CURIAM.

The ultimate question presented is whether the appellant, a pretermitted wife under the husband's will, demonstrated by competent evidence that the pre-marital agreement signed by her was presumptively a product of her husband's overreaching, thus shifting to the husband the burden of coming forth with evidence that the wife entered into the agreement voluntarily.

The evidence presented by the petitioner/wife, and adopted by the trial court in...

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