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513 So. 2d 744

513 So.2d 744

12 Fla.L.Weekly 2366

Denson v. Fayson

District Court of Appeal of Florida

Decided October 6, 1987

District Court of Appeal of Florida · decided 1987-10-06

Relies on Stewart v. Johnson

Decided 1987-10-06

PER CURIAM.

¶1On authority of Stewart v. Johnson, 142 Fla. 425, 194 So. 869 (1940), we reverse the trial court’s order finding that a will dated October 9, 1975, was revoked by a subsequent invalid will of May 22, 1982.

¶2The applicable doctrine of dependent relative revocation provides that where a testator makes a new will revoking a prior valid will, and the new will is found to be invalid, the prior will may be re-established on the grounds that the revocation was dependent on the validity of the new will, and that the testator would have preferred the earlier will to intestacy.

¶3Reversed and remanded.

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