DENSON v. FAYSON

No. 87-344.

513 So.2d 744 (1987)

Betty DENSON, Formerly Known As Betty Washington, Appellant, v. Fredward FAYSON, Virginia Fayson, His Wife, Individually, and Fredward Fayson, As Personal Representative of the Estate of Idella E. Brown, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

October 6, 1987.


Attorney(s) appearing for the Case

Spiegelman & Spiegelman and Robert I. Spiegelman, Miami, for appellant.

L.E. Thomas, Miami, for appellees.

Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ.


PER CURIAM.

On authority of Stewart v. Johnson, 142 Fla. 425, 194 So. 869 (1940), we reverse the trial court's order finding that a will dated October 9, 1975, was revoked by a subsequent invalid will of May 22, 1982.

The applicable doctrine of dependent relative revocation provides that where a testator makes a new will revoking a prior valid will, and the new will is found to be invalid, the prior will may be re-established on the grounds that the...

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