Williams v. Estate of Pender
Florida District Court of Appeal
738 So. 2d 453 (1999)
- Written by Liz Nakamura, JD
Facts
Thelma Pender Washington and Mary Elizabeth Pender Rea (grandnieces) (defendants) were the grandnieces of the decedent, Nero Pender. The grandnieces had lived with Pender and his wife until they had each married. Pender’s wife predeceased him. Pender died intestate, and the grandnieces filed a petition for determination of heirs and beneficiaries. The grandnieces argued that Pender equitably adopted them and that they were therefore entitled to inherit his intestate estate as his adopted daughters. The grandnieces further argued that the appropriate standard of proof was a preponderance of the evidence. Roberta Williams (plaintiff) challenged, arguing that the correct standard of proof was clear and convincing evidence. The probate court ruled for the grandnieces, holding the grandnieces had proven their equitable adoption by a preponderance of the evidence and were therefore entitled to inherit Pender’s intestate estate. Williams appealed.
Rule of Law
Issue
Holding and Reasoning (Lawrence, J.)
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