Garvey v. Garvey

CARROLL, Judge.

This is an appeal from an order of the probate court in Dade County striking and dismissing a petition to revoke probate of a will.

The testator Leon Garvey executed a will by which, after directing that his just debts and funeral expenses be paid, he devised and bequeathed ten per cent of his estate to the appellant, his brother Bernard Garvey, and the remainder of his property (ninety per cent) to another brother, Samuel Garvey; and named the two brothers as executors.

The will was duly offered, proved and admitted to probate. Thereafter, agreements not to contest the will were…