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In re Estate of Bancker

232 So. 2d 431 (1970)

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In re Estate of Bancker

Florida District Court of Appeal
232 So. 2d 431 (1970)

  • Written by Liz Nakamura, JD

Facts

Adrian Bancker, decedent, executed his first will in 1962, which was subsequently amended by a 1965 codicil. In 1966, Adrian executed a new will, but the only material change between the 1966 will and the 1962 will, as amended by the 1965 codicil, was the appointment of a different alternative executor. When Adrian then sought to revoke the 1966 will, the lawyer who had drafted the 1962 will for Adrian informed him that he could revoke the 1966 will by destroying it. Adrian then directed his wife, Isabelle Bancker (plaintiff), to destroy the will. While Adrian remained in bed, Isabelle went into the next room, removed the will from the safe, and destroyed it. Adrian did not see Isabelle destroy the will, but he nodded in approval when Isabelle informed him that the will had been destroyed. After Adrian died, Isabelle submitted the 1962 will and 1965 codicil to probate. When Adrian’s three natural children (defendants) challenged the validity of the 1962 will, Isabelle sought instead to reestablish and probate the 1966 will. The trial court ruled that the 1962 will was invalid, that the 1966 will was not properly reestablished, and that Adrian’s estate must therefore pass via intestacy. Isabelle appealed.

Rule of Law

Issue

Holding and Reasoning (Walden, J.)

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Casebooks

Wills, Trusts, and Estates

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