Smith v. Silberman

The decedent’s estate appeals an order finding the deceased made an inter vivos gift to his wife. We reverse.

In Smith v. Silberman, 557 So.2d 78 (Fla. 3d DCA 1990), this court reversed the original judgment in this ease with directions that the trial court admit the widow’s previously excluded testimony regarding a dinner conversation during which her husband allegedly presented her with a gift of two $100,000 bonds. Upon remand, the original trial judge recused himself. The successor judge considered the record but heard only the widow’s oral testimony. Thus, evidence which refuted the…