Estate of McGahee
Florida District Court of Appeal
550 So. 2d 83 (1989)
- Written by Serena Lipski, JD
Facts
Francis McGahee and his second wife, Shirley, were killed in a helicopter crash in 1986. An envelope containing four sheets of paper paper-clipped together was found in Francis’s desk. The first page, dated September 21, 1977, was a form will with the blanks filled in by Francis. In the blank lines for bequests, Francis filled in four lines as follows: “attached dated June 7, 1969,” “Reconfirmed May 23, 1975,” “Reconfirmed May 11, 1977,” and “Reconfirmed Aug. 30, 1980.” Francis completed the executor section by appointing Richard W. Gordon, and then Francis signed the signature line and three individuals signed the witness lines. The last of the four sheets was dated June 7, 1969, and was a handwritten will with writing on both sides of the paper. The 1969 document directed that half of Francis’s estate was to go to Shirley and the other half to his three children by Shirley (Shirley’s children) (defendants). Andrew Murray Bell, who had recently been adjudicated Francis’s son, was left $1. The 1969 document was signed by Francis. After the will was admitted to probate, Francis’s children by his first wife, Ella Marie McGahee Sanders (collectively, Ella’s children) (plaintiffs), filed an objection. Ella’s children argued that the handwritten documents attached to the first paper were not incorporated by reference in accordance with Florida law and, therefore, Francis’s estate should pass by intestate succession. During a hearing, one of the witnesses to the 1977 form will stated that the 1969 document was with the form and that she read it before she witnessed the 1977 form. The trial court held the 1969 document was not incorporated into the 1977 will. Shirley’s children appealed.
Rule of Law
Issue
Holding and Reasoning (Zehmer, J.)
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