Wilson v. Scruggs

ON MOTION FOR REHEARING GRANTED

GRIMES, Justice.

We review In re Estate of Smith, 640 So.2d 1152 (Fla. 1st DCA 1994), which expressly and directly conflicts with King v. Estate of Anderson, 519 So.2d 67 (Fla. 5th DCA 1988), and which declares a state statute to be invalid. We have jurisdiction. Art. Y, § 3(b)(1), 3(b)(3), Fla. Const.

The decedent Charles Smith died in 1992, leaving a will which was admitted to probate shortly after his death. Shirley Scruggs, at the age of sixty, filed a petition for revocation of probate and letters of administration, alleging that Smith had lacked testamentary…