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McCABE v. HANLEY

No. 4D03-2998.

886 So.2d 1053 (2004)

Edward Joseph McCABE, Appellant, v. Daniel A. HANLEY, as personal representative of the Estate of F. Edward McCabe, and Donna (Toby) Keller, as co-trustee of the F. Edward McCabe Trust, Appellees.

District Court of Appeal of Florida, Fourth District.

November 17, 2004.

Attorney(s) appearing for the Case

J. Henry Cartwright and Terence J. Watterson of Watterson Hyland & Fleming, P.A., Palm Beach Gardens, for appellant.

Jack J. Aiello and Michael D. Simon of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for appellee Daniel A. Hanley.

Ronald E. Crescenzo of Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, for appellee Donna (Toby) Keller.

WARNER, J.

Appellant, Edward McCabe, filed a will contest alleging that his father lacked the capacity to execute his will, which did not acknowledge his son. After presentation of McCabe's case in this non-jury trial, the trial court entered an involuntary dismissal and entered judgment for the estate. In doing so, the court weighed the evidence. We reluctantly reverse on the authority of Tillman v. Baskin, 260 So.2d 509

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