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BRENNAN v. ESTATE OF BRENNAN

No. 5D08-4366.

40 So.3d 894 (2010)

Edward BRENNAN and Terrence Brennan, Appellants, v. ESTATE OF Edward J. BRENNAN, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

July 23, 2010.

Attorney(s) appearing for the Case

Christopher V. Carlyle and Shannon McLin Carlyle of The Carlyle Appellate Law Firm, The Villages, for Appellants.

Ronald H. Roby of Roby and Roby, AAL, P.A., Winter Park, for Appellee.

BERGER, W., Associate Judge.

Edward Brennan and Terrence Brennan appeal the trial court's final order admitting the lost will of Edward J. Brennan, Jr., the decedent, to probate. We hold that the evidence did not meet the statutory requirement for establishment and proof of the lost will through the testimony of one disinterested witness. Without such testimony, there was no competent, substantial evidence to overcome the presumption that the testator voluntarily...

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