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Denson v. Fayson

District Court of Appeal of Florida, Third District
Mar 21, 1988
525 So. 2d 432 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-344.

March 21, 1988.

An Appeal from the Circuit Court for Dade County; Moie J.L. Tendrich, Judge.

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

L.E. Thomas, Miami, for appellees.

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


CORRECTED OPINION


On authority of Stewart v. Johnson, 142 Fla. 425, 194 So. 869 (1940), we reverse the trial court's order finding that the decedent died intestate.

The applicable doctrine of dependent relative revocation provides that, where a testator revokes a valid will by an act other than the making of a new will and intending that the revoked will be replaced by a new will, where the new will is thereafter found to be invalid the prior will may be re-established on the ground that the revocation was dependent on the validity of the latter will, and that the testator would have preferred the earlier will to intestacy.

Reversed and remanded.


Summaries of

Denson v. Fayson

District Court of Appeal of Florida, Third District
Mar 21, 1988
525 So. 2d 432 (Fla. Dist. Ct. App. 1988)
Case details for

Denson v. Fayson

Case Details

Full title:BETTY DENSON, FORMERLY KNOWN AS BETTY WASHINGTON, APPELLANT, v. FREDWARD…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 21, 1988

Citations

525 So. 2d 432 (Fla. Dist. Ct. App. 1988)

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