Legal Opinion · Dissent

Elmore v. Elmore

Supreme Court of Florida

Decided December 18, 1957Published

1DissentTerrell, Chief Justice

The sole point in this case is whether or not the intent of the testatrix as expressed in her will can be executed. The pertinent *268paragraph as well as the facts on which the answer to this question turns are detailed in the majority opinion and will not be repeated here.

In view of all this court has said in defining the elements that constitute a valid will it does seem academic to repeat them at this time — so long as one does not transgress any principle of law or public policy he can dispose of his property by will as he pleases and the law enjoins us to uphold the testator’s bequest. It…

2Cases cited15 opinions

  1. Boggess v. MeredithWest Virginia Supreme Court · 1879
  2. Pellow v. Arctic Iron Co.Michigan Supreme Court · 1910
  3. Ferris v. Montgomery Land & Improvement Co.Supreme Court of Alabama · 1891
  4. In Re Gregory's EstateSupreme Court of Florida · 1954
  5. Mosgrove v. MacHSupreme Court of Florida · 1938

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