Variety Children's Hospital v. Magee

CARROLL, CHAS., Judge.

This is an appeal from an order of the county judge’s court in Dade County denying probate of a codicil. The original of a duly executed codicil could not be found, and the court rejected a proffered executed copy upon finding that the original had been in the possession and control of the testatrix, and, therefore, that there was a presumption she had destroyed and revoked the codicil, and that such presumption had not been dispelled.

The determinative question, as stated and argued by appellants, is whether there was competent evidence to support the trial court’s…