Gross v. Gross

CARROLL, Judge.

This appeal is from an order of the county judge’s court in Dade County which granted a petition to re-establsh a copy of a will, and admitted it to probate. The original of the will was destroyed in Birmingham, Alabama, by a person acting at the direction of the testator who was then in Miami, Florida.

*862The determinative question is whether destruction of the will, not in the presence of the testator, revoked it. We hold that it did not. The Florida Probate Law, § 731.14(1), F.S.A., provides:

“A will may be revoked by the testator himself or by some other person in his presence…