Legal Opinion

In re Estate of Parker

District Court of Appeal of Florida

Decided April 25, 1979No. 77-2293PublishedCited by 3 opinions

1Opinion of the Court

LETTS, Judge.

In this ease the appellant estate petitioned to establish a lost or destroyed will by way of an alleged “correct copy” plus the testimony of the personal representative. The court below denied the petition. We reverse.

There is a dearth of Florida law as to what constitutes a “correct copy.” The problem here presented concerns Chapter 733.207(3) of the Florida Statutes (1977) which provides:

No lost or destroyed will shall be admitted to probate unless formal notice has been given to those who, but for the will, would be entitled to the property thereby devised. The content of the…

2Cases cited4 opinions

  1. Estate of JanesCalifornia Supreme Court · 1941
  2. In Re Washington's EstateSupreme Court of Florida · 1952
  3. Nugent v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
  4. In Re Estate of JohnsonDistrict Court of Appeal of Florida · 1977

3Cited by3 opinions

  1. In Re Estate of ParkerSupreme Court of Florida · 1980
  2. Bury v. DiLeggeDistrict Court of Appeal of Florida · 1992
  3. Smith v. DeParryDistrict Court of Appeal of Florida · 2012

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