Brennan v. Honsberger

Edward and Terrence Brennan appeal the trial court’s order admitting a lost or destroyed will to probate. Because the appellee, Ruth Honsberger, failed to meet the statutory burden to prove the specific content of the will through the testimony of a disinterested witness, we reverse.

The facts in this case are largely undisputed and are set forth in Brennan v. Estate of Brennan, 40 So.3d 894, 895 (Fla. 5th DCA 2010):

On February 5, 2001, the decedent executed a will leaving his estate to his four children in unequal shares. Thereafter, on May 31, 2002, the decedent executed another will that…