Brennan v. ESTATE OF BRENNAN

BERGER, W., Associate Judge.

Edward Brennan and Terrence Brennan appeal the trial court’s final order admitting the lost will of Edward J. Brennan, Jr., the decedent, to probate. We hold that the evidence did not meet the statutory requirement for establishment and proof of the lost will through the testimony of one disinterested witness. Without such testimony, there was no competent, substantial evidence to overcome the presumption that the testator voluntarily destroyed the will with the intent to revoke it. We therefore reverse.

On February 5, 2001, the decedent executed a will leaving his…