WALTON v. ESTATE OF WALTON

No. 91-2292.

601 So.2d 1266 (1992)

Dorothy WALTON & Rodger Walton, et al., Appellants, v. The ESTATE OF Mary E. WALTON, Deceased, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 4, 1992.


Attorney(s) appearing for the Case

Hubert G. Roberts, Hialeah, and Malcolm L. Kneale, Miami, for appellants.

Holden & Holden and Frances Holden, Hialeah, for appellees.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.


NESBITT, Judge.

We reverse an order denying a petition for the establishment of a lost or destroyed will. Mary E. Walton's original executed will could not be found after her death, thus giving rise to the presumption that she had destroyed the will with the intention of revoking it. We conclude that on the facts as presented to the trial court, this presumption was rebutted by competent and substantial evidence. Accordingly, we reverse the trial court's order denying...

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