Jervis v. Tucker (2012)
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· 7 citation events
across 2 courts.
Showing the 4 strongest citers on record
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Ramsey Frank v. Peter John Conlan (2026)
“Testamentary capacity is determined only by the testator’s mental capacity at the time he executed his will.” Jervis v. Tucker, 82 So. 3d 126, 128 (Fla. 4th DCA 2012) (quoting Hendershaw v. Estate of Hendershaw, 763 So. 2d 482, 483 (Fla. 4th DCA 2000)); see also Skelton v. Davis, 133 So. 2d 432, 435 (Fla. 3d DCA 1961) (“The principle of law that testamentary capacity is to be judged solely at the time of the execution of the will is irrefragable and no authority need be cit…
quoting Hendershaw v. Estate of Hendershaw, 763 So. 2d 482, 483 (Fla. 4th DCA 2000)
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Thomas Scott, as Personal Representative of the Estate of Anna Marie Scott v. Deborah Young and Linda Jean Sc… (2024)
Under well-established Florida law, a testator must possess testamentary capacity at the time of executing a will or codicil, see, e.g., In re Wilmott’s Estate, 66 So. 2d 465, 468 (Fla. 1953); Jervis v. Tucker, 82 So. 3d 126, 128 (Fla. 4th DCA 2012); Raimi v. Furlong, 702 So. 2d 1273, 1286 (Fla. 3d DCA 1997); Coppock v. Carlson, 547 So. 2d 946, 947 (Fla. 3d DCA 1989); In re Bailey’s Estate, 122 So. 2d 243, 245 (Fla. 2d DCA 1960), which, in this case, allegedly occurred over …
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Goheagan v. American Vehicle Insurance Co. (2012)
“The movant carries the burden of showing that no genuine issue of material fact exists, making summary judgment appropriate.” Jervis v. Tucker, 82 So.3d 126, 128 (Fla. 4th DCA 2012) (citation omitted).
citation omitted
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Nelson v. Nelson (2016)
See Jervis v. Tucker, 82 So.3d 126, 128-29 (Fla. 4th DCA 2012) (“[Wjhere the terms of an agreement ... are unambiguous, its meaning and the intent of the maker are discerned solely from the face of the document, as the language used and its [plain] meaning controls.” (citing In re Estate of Barry, 689 So.2d 1186, 1187-88 (Fla. 4th DCA 1997))).