De Mandel v. First National Bank of Clearwater

SHANNON, Chief Judge.

Upon petition of The First National Bank of Clearwater, an order was entered by the county judge admitting to probate a document purporting to be the will of Mrs. Wilma Lucille Witt, Deceased. The will was executed on November 24, 1959, and the bank was named therein as executor of Mrs. Witt’s estate. Subsequently, on January 1, 1960, Mrs. Witt died, leaving as her only surviving heir at law, Phillips B. deMandel, her brother, the appellant herein, who petitioned the probate court to revoke probate of the will on the ground of testamentary incapacity.

Mrs. Witt’s will,…