In re Estate of Charry
Florida District Court of Appeal
359 So. 2d 544 (1978)
- Written by Tammy Boggs, JD
Facts
Samuel Charry signed at the end of his codicil in the presence of two attesting witnesses. The codicil did not contain an attestation clause. Immediately following Charry’s signature, on the same piece of paper, was a self-proof affidavit. The two attesting witnesses, along with Charry, signed the self-proof affidavit. After Charry died, a proponent of Charry’s will and codicil (plaintiff) initiated a probate proceeding. An interested party (the objector) (defendant) filed a petition to revoke the codicil. The objector argued that a will was required to be signed by a testator and witnesses first and only then could it be made self-proving through the addition of a self-proof affidavit. The objector further argued that the two attesting witnesses did not have the required intent to sign the codicil as witnesses but possessed the mental intent associated with signing a self-proof affidavit. The trial court denied the petition, and the objector appealed.
Rule of Law
Issue
Holding and Reasoning (Cowart Jr., J.)
What to do next…
Here's why 812,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 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.
