Legal Opinion
In re Estate of Weihe
District Court of Appeal of Florida
Decided November 2, 1972No. 71-593PublishedCited by 5 opinions
1Opinion of the Court
WALDEN, Judge.
The County Judges’ Court revoked the probate of a will based upon its finding that the decedent lacked testamentary capacity. We reverse.
Following familiar pattern, it will be our purpose to state the critical and dispositive question and outline the salient facts, the law appertaining, our reasoning and conclusions, and finally our appellate decision.
Did John F. Weihe possess testamentary capacity at the time he executed his will on September 24, 1965? (The other appellate questions are without merit and do not require discussion.)
Weihe died in 1968 at the age of 85 years. His…
2Cases cited10 opinions
- Newman v. SmithSupreme Court of Florida · 1918
- In Re Estate of ZimmermanSupreme Court of Florida · 1956
- Estate Clara R. Starr v. WilsonSupreme Court of Florida · 1935
- Hamilton v. MorganSupreme Court of Florida · 1927
- In Re: Estate of Donne'ly v. AshbySupreme Court of Florida · 1938
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Raimi v. FurlongDistrict Court of Appeal of Florida · 1997
- In Re Estate of WeiheSupreme Court of Florida · 1973
- Grimes v. Estate of StewartDistrict Court of Appeal of Florida · 1987
- Diaz v. AshworthDistrict Court of Appeal of Florida · 2007
- American Red Cross v. Estate of HaynsworthDistrict Court of Appeal of Florida · 1998