Legal Opinion

In re the Estate of Falk

District Court of Appeal of Florida

Decided May 4, 1971No. 71-173Published

1Opinion of the Court

PEARSON, Chief Judge.

We are presented with a petition for writ of certiorari which claims a departure from the essential requirements of law in that the trial judge denied petitioners’ right of discovery contrary to Fla. PGR 5.080. The essential procedural point to *486be decided is the extent of the discovery which should be permitted where the opponents of the will have filed a caveat and in their answer to the petition for probate raise the objections of undue influence, void or bigamous marriage and lack of testamentary capacity.

Petitioners are the sons of the deceased. They have filed a…

2Cases cited3 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Ormond Beach First Nat. Bank v. JM MONTGOMERY ROOF. CO.District Court of Appeal of Florida · 1966
  3. Lacy v. EstesDistrict Court of Appeal of Florida · 1963

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API