Schaefer v. Voyle

Citations

• 88 Fla. 170
• 102 So. 7

Syllabus

<p>1. Every person is presumed to be ‘sane until the contrary appears, and in civil actions the burden of proof of insanity rests upon him who alleges it.</p> <p>2. The finding of a Chancellor on conflicting evidence is presumptively correct, and where there is legal evidence to support it the decree will not be reversed unless it clearly appears to be erroneous.</p> <p>3. Where it is shown that a testator had his will in his custody and it cann'ot be found after his death it is presumed, in the absence of other evidence, that he destroyed it with intention to revoke.</p> <p>4. Generally wills are ambulatory and have no operation until the death of the testator.</p> <p>5. The execution of a second will, which is afterwards destroyed by the testator, does not affect the validity of a will previously executed by him.</p> <p>6. In the absence of a showing of contrary intent, the destruction by the testator of a will executed by him which Contained a provision revoking former wills, may revive a will previously made by the testator and in existence at the date of his death.</p>