In re Estate of Dickson
Florida District Court of Appeal
590 So. 2d 471 (1991)
- Written by Serena Lipski, JD
Facts
James J. Dickson executed a will on February 2, 1981, that complied with Florida’s statutory will requirements. The will, which was four pages long, was typed. The last page was a self-proof affidavit with a raised notarial seal. On that page was a handwritten statement in red ink dated March 16, 1987. The handwritten portion stated, “I myself declare this will null and void of sound mind.” Following this statement was Dickson’s signature. The notarial seal was circled, and the word “void” was written on top. Following Dickson’s death, Dickson’s personal attorney (plaintiff), who had prepared the will, filed a petition for determination of the validity of the will. The trial court held that the attempted revocation had failed because Dickson’s physical act was insufficient. Without hearing evidence on whether Dickson intended to revoke his will, the court admitted the will for probate. Kim Bertoglio and others (defendants) appealed.
Rule of Law
Issue
Holding and Reasoning (Nesbitt, J.)
What to do next…
Here's why 820,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 989 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.
