In re Estate of Harby
District Court of Appeal of Florida
1Opinion of the Court
McNULTY, Judge.
Appellant was a beneficiary under the will sought to be probated herein but apparently stood to gain more under a prior will. Appellant’s petition for revocation of probate of the will was dismissed on the ground that appellant made a “qualified” but not an “absolute” renunciation (as these terms will be hereinafter explained) of the benefits accruing to appellant under the will being attacked. We hold that the “qualified” renunciation was all that was necessary and, therefore, reverse.
Under the “absolute” renunciation rule, which appellee would have us require, one who attacks…
2Cases cited2 opinions
- Pournelle v. BaxterSupreme Court of Florida · 1942
- Barnett Nat. Bank of Jacksonville v. MurreySupreme Court of Florida · 1950
3Cited by7 opinions
- Carman v. GilbertSupreme Court of Florida · 1994
- Carman v. GilbertDistrict Court of Appeal of Florida · 1992
- Fintak v. FintakDistrict Court of Appeal of Florida · 2013
- Estate of Wood v. ChowningDistrict Court of Appeal of Florida · 1972
- In Re Estate of GaspelinDistrict Court of Appeal of Florida · 1989
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