Bertoglio v. Dickson

There is no dispute that Dickson made the markings in question on his will. As shown by the majority opinion, they objectively invoke the provisions of section 732.-506, Florida Statutes (1989).1 See also Starnes v. Andre, 243 Ark. 712, 421 S.W.2d 616 (1967); In re Davies’Estate, 5 Ill.App.3d 15, 282 N.E.2d 528 (1972); In re Will of Nassano, 199 NJ.Super. 414, 489 A.2d 1189 (1985). In my view, it is also clear that the testator’s subjective intent was, as he unequivocally said, to “declare this will null and void,” and therefore that the legal consequence of that act is, as the statute says,…