McCabe v. Hanley
District Court of Appeal of Florida
1Opinion of the CourtWarner, 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 (Fla.1972).
McCabe’s father, the decedent, was an admitted alcoholic. He moved away from his wife a week after McCabe was born in 1952. Contact between the decedent and his wife and…
Also in this document: Concurrence.
2Cases cited8 opinions
- Tillman v. BaskinSupreme Court of Florida · 1972
- Rogge v. WeaverAlaska Supreme Court · 1962
- In re the Marriage of CastroCourt of Appeals of Oregon · 1981
- Hack v. Estate of HellingDistrict Court of Appeal of Florida · 2002
- In Re Estate of EdwardsDistrict Court of Appeal of Florida · 1983
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- Bayview Loan Servicing, LLC v. Del LupoDistrict Court of Appeal of Florida · 2017
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