CopyCited 3 times | Published | Florida 4th District Court of Appeal | 84 A.L.R. 4th 527
..." and because it would be "unlikely that the testator intentionally revoked his will while retaining the codicil and a copy of the original will." Id. at 352. We would also point to two Florida statutes not considered in Baird. The first of these is section 732.5105, Florida Statutes (1983) wherein it is stated that "the execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil." True, that section does not set forth whether or not it is applicable if the executed original will cannot be found....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...We find no merit in appellant's contention. We see no reason to consider the codicil as an isolated segment of the decedent's testamentary scheme, especially when Article VII of the codicil expressly ratifies, confirms and effectively republishes the will. § 732.5105, Fla....
...ouse. The trial court therefore properly harmonized the trust, the will and the codicil to give effect to Mrs. Austin's general testamentary intent by determining that the residence expenses must be borne by the daughter's trust. Affirmed. NOTES [*] Section 732.5105 provides: The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.
