HARRISON V. BIRD
621 So. 2d 972 (1993)
NATURE OF THE CASE: Action to probate will. Appeal from order holding that estate should
be administered as an intestate estate. Harrison (P) sought review of a judgment, which held
that the decedent's estate was to have been administered as an intestate estate and which
confirmed the letters of administration granted by the probate court to Bird (D)
administratrix.
FACTS: Decedent executed a will in November, 1989. Her attorney kept the original, and
Harrison, the executrix of the estate (P) was given a duplicate original. In March, 1991,
decedent told her attorney she wanted to revoke the will. Either the attorney or his
secretary tore the will into four pieces. The attorney then wrote decedent a letter telling
her that he had revoked the will, and enclosing the torn-up pieces. Decedent died in
September, 1991. The letter from her attorney was found among her effects, but the pieces of
the will were not. The probate court granted letters of administration to Bird (D). P
subsequently filed the duplicate original of the will for probate. The lower court found
that, because the pieces of the will were delivered to decedent, but were not found among
her effects after her death, there arose a presumption that decedent had revoked the will.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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