Legal Opinion

Nieto v. Wells

District Court of Appeal of Florida

Decided February 26, 1991No. 90-1473Published

1Per curiam

Appellants appeal the trial court’s denial of a petition for administration of a will. We affirm.

We have carefully considered each of appellants’ points on appeal. Construing the record as a whole, we conclude there was competent substantial evidence to support the trial court’s finding that the will was procured by undue influence and that the testator, Elsie Elliott Ryan, lacked testamentary capacity when the will was executed. It is not this court’s function to reweigh the evidence and we must give all deference to the trial court’s decision. See Sun Bank/Miami, N.A. v. Hogarth, 536 So.2d…

2Cases cited3 opinions

  1. Sun Bank/Miami, NA v. HogarthDistrict Court of Appeal of Florida · 1988
  2. Elson v. VargasDistrict Court of Appeal of Florida · 1988
  3. Sacchetti v. McDermottDistrict Court of Appeal of Florida · 1989

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