Legal Opinion

Blumenthal v. Bowen

District Court of Appeal of Florida

Decided August 13, 1968No. 67-1055PublishedCited by 3 opinions

1Per curiam

The appellant, Sarah Blumenthal, is a niece of the deceased, Nellie E. Ziy. She was a legatee in a prior will. This appeal is from an order admitting the last will to probate. The county court ruled as follows :

“ * * * it has long been well established in the Florida law that an adjudication of incompetency does not bar a person from making a will. The test is the testamentary capacity at the time the will was made, and the elements being knowledge of property and natural objects of the testator’s bounty and the general effect of the disposition of the property by the will.
“An adjudication of…

2Cases cited3 opinions

  1. Skelton v. DavisDistrict Court of Appeal of Florida · 1961
  2. In Re Estate of PerezDistrict Court of Appeal of Florida · 1968
  3. In Re Estate of SmithDistrict Court of Appeal of Florida · 1968

3Cited by3 opinions

  1. In Re Estate of ZiySupreme Court of Florida · 1969
  2. Blumenthal v. BowenSupreme Court of Florida · 1969
  3. Rose v. MaxwellDistrict Court of Appeal of Florida · 1986

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