Tarsagian v. Watt
Florida District Court of Appeal
402 So. 2d 471 (1981)
- Written by Liz Nakamura, JD
Facts
Andrew Tarsagian, decedent, left the entirety of his estate to his second wife, Sarah Tarsagian (plaintiff). After the death of Andrew’s first wife, Andrew and Sarah lived together for five years before marrying when Andrew was in his early 80s. Andrew was ill during his entire relationship with Sarah, and she cared for him. A month after Andrew was diagnosed with leukemia, Andrew and Sarah married. Andrew executed his will shortly after his marriage to Sarah. Sarah accompanied Andrew to the lawyer’s office and sat in the waiting room while Andrew met with the lawyer and executed the will. After the will was executed, it was placed in a safe deposit box in Sarah’s name that she shared with Andrew. Andrew died two years later. Andrew’s will was submitted to probate, and Andrew’s children from his first marriage, Flora Watt and Mary Pagel (defendants), petitioned to revoke the will, arguing it was the product of undue influence. The trial court revoked the will, finding that Sarah unduly influenced Andrew to make her his sole beneficiary. Sarah appealed.
Rule of Law
Issue
Holding and Reasoning (Pearson, J.)
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