In re Estate of Kuhn
Florida District Court of Appeal
286 So. 2d 276 (1973)
- Written by Liz Nakamura, JD
Facts
Julia Kuhn, decedent, drafted a will in which she left the entirety of her estate to her niece, Helen Bakos (defendant), with whom she was close. Kuhn’s husband predeceased her. Kuhn had an adopted daughter, Elizabeth Vargo (plaintiff), with whom she had not had contact in the 21 years prior to her death. Vargo was Kuhn’s potential intestate heir. There was no animosity between Vargo and Kuhn. Following Kuhn’s death, Bakos found the will with Kuhn’s other important papers, but the will had been torn in half, bisecting Kuhn’s signature. Kuhn’s estate attorney testified that Kuhn had never indicated to him that she planned to revoke her will. Bakos submitted the torn will to probate, and the probate court admitted it. Vargo appealed, arguing that Kuhn tearing the will represented a revocation by physical act. Bakos countered, arguing the presumption that Kuhn intended to revoke her will when she tore it was rebutted by (1) the fact that Kuhn kept both pieces of the will with her other important papers; and (2) the lack of contact between Vargo and Kuhn in the 21 years prior to Kuhn’s death. There was no evidence presented as to when the will was torn or Kuhn’s intent at the time of the tearing.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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