Legal Opinion

Hendershaw v. Estate of Hendershaw

District Court of Appeal of Florida

Decided July 5, 2000No. 4D99-1458PublishedCited by 6 opinions

1Opinion of the CourtShahood, J.

This is a will contest in which the decedent’s three sons (“appellants”) sought to invalidate their father’s will which disinherits them and leaves his entire $1.6 million estate to his third wife (“appellee”). Following a hearing at which the appellants attempted to establish that the decedent lacked testamentary capacity due to a declining mental state, the trial court entered an order admitting the will to probate, and making the following findings:

The opponents of the will have made a strong showing questioning the capacity of the decedent to make a will on the day the will in this case…

2Cases cited4 opinions

  1. Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
  2. In Re: Estate of Donne'ly v. AshbySupreme Court of Florida · 1938
  3. In Re Bailey's EstateDistrict Court of Appeal of Florida · 1960
  4. Estate of ParsonDistrict Court of Appeal of Florida · 1982

3Cited by6 opinions

  1. Estate of Kester v. RoccoDistrict Court of Appeal of Florida · 2013
  2. Levin v. LevinDistrict Court of Appeal of Florida · 2011
  3. Jervis v. TuckerDistrict Court of Appeal of Florida · 2012
  4. Demetra F. Blinn v. Patricia A. Carlman and Brian BlinnDistrict Court of Appeal of Florida · 2015
  5. Garth Basil Reeves v. Oliver GrossDistrict Court of Appeal of Florida · 2025

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