Dalk v. Allen
Florida District Court of Appeal
774 So. 2d 787 (2000)
- Written by Liz Nakamura, JD
Facts
Christel McPeak, decedent, met with her attorney and two witnesses to execute her last will and testament before a notary. For the meeting, the attorney had prepared the one original will plus four additional duplicate-original wills. McPeak declared before the witnesses and the notary that the original will’s provisions accurately represented her wishes and that she intended the original will to be her last will and testament. Because of a simple mistake, all five wills were witnessed and notarized, but McPeak only signed the four duplicate-original wills. McPeak did not sign the original will and did not direct anyone to subscribe her signature to it on her behalf. After McPeak’s death, Bonnie Allen (defendant), a beneficiary under the will and the named personal representative of McPeak’s estate, submitted the unsigned original will to probate. Margarete Dalk (plaintiff), McPeak’s half-sister, challenged the validity of the will. The probate judge admitted the will to probate, and Dalk appealed.
Rule of Law
Issue
Holding and Reasoning (Orfinger, J.)
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