Belton v. Summer

Citations

• 31 Fla. 139

Syllabus

<p>1. A will, not made in contemplation of matrimony, is revoked by the marriage of the testator and birth of a posthumous child subsequently to the making thereof.</p> <p>3. The probate of a will by a court of competent jurisdiction is the authenticated evidence but not the foundation of the executor's-title, and when unrevoked, is only prima facie evidence, so far as it extends to real property.</p> <p>3. In collateral proceedings the effect of the probate as prima faoier evidence of the validity of the will as to real property, may be overcome by other evidence which establishes its invalidity.</p> <p>4. The heir of a mortgagor will not be barred of his redemption by a foreclosure of a mortgage of real property against the executor of a revoked will of the deceased mortgagor, and a sale of the mortgaged real property thereunder, unless he was a party thereto, although the revoked will was admitted to probate by a court of competent jurisdiction and the probate remained unrevoked.</p>