American Red Cross v. Estate of Haynsworth

708 So. 2d 602 (1998)

From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

American Red Cross v. Estate of Haynsworth

Florida District Court of Appeal
708 So. 2d 602 (1998)

  • Written by Liz Nakamura, JD

Facts

John Haynsworth executed three wills before his death in December 1995. The February Will, executed in February 1993, left most of Haynsworth’s substantial estate to the American Red Cross, the United Way, and the Salvation Army (charities) (plaintiffs). Unbeknownst to Haynsworth, Ted Blum, the attorney who prepared the February Will, added a term granting himself 5 percent of the estate. In April 1993, Blum filed a petition to determine Haynsworth’s competency. Haynsworth’s niece, Lisa Haynsworth-Jones, petitioned to become Haynsworth’s guardian. Medical testimony at the competency hearing stated that Haynsworth was disoriented and suffered from organic brain syndrome. In May 1993, the probate judge declared Haynsworth incompetent and appointed Haynsworth’s niece as his guardian. In July 1993, Haynsworth executed a second will, the July Will, which reduced the bequests to the charities substantially and increased the bequests to Haynsworth’s niece and other relatives. In November 1993, Haynsworth executed his third and final will, the November Will. After Haynsworth’s death, the February Will was admitted to probate. Haynsworth’s niece filed a petition to probate the July Will and the November Will instead. At trial, the charities presented testimony from Haynsworth’s internist that Haynsworth suffered from Alzheimer’s disease. Haynsworth’s niece presented evidence from two psychiatrists, who both testified Haynsworth executed the July Will during a lucid moment, but neither of whom had examined Haynsworth near the time he executed the July Will. The trial court admitted the July Will to probate, declaring that the February Will was invalid because of Blum’s undue influence and that Haynsworth was incompetent when he executed the November Will. The charities appealed.

Rule of Law

Issue

Holding and Reasoning (Levy, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 796,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 796,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 796,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership