IN RE ESTATE OF SHORT

No. 92-1848.

620 So.2d 1106 (1993)

In re The ESTATE OF Josephine A. SHORT, Deceased. Charles Peter Heisig, Appellant, v. Charles Carl Heisig, Appellee.

District Court of Appeal of Florida, Fourth District.

June 30, 1993.


Attorney(s) appearing for the Case

Jane Kreusler-Walsh, of Jane Kreusler-Walsh, P.A., West Palm Beach, and Charles R. Wilson, Lake Park, for appellant.

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., and Timothy L. Whelen, West Palm Beach, for appellee.


FARMER, Judge.

The proponent of a lost will appeals a summary judgment and a final order directing payment of claims, expenses and distribution of estate assets. We reverse both orders.

The trial judge found as a matter of law that the proponent had failed to present sufficient evidence to overcome a presumption of revocation that arises when it is established that the testatrix was in possession of the will before her death and the will cannot later be located...

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