IN RE: The Estate of WALTER J. JONES, Deceased, KAREN CAREY HALL, Appellant, v. EDWIN C. JONES, as Successor Personal Representative of the Estate of Walter J. Jones, Deceased, Appellee, 472 So. 2d 1299

Summary

Testator's will consisted entirely of several specific bequests and a single residuary bequest. His named heirs were a sister, two sisters-in-law, three nieces, one of which was appellant, four nephews, and a grandniece. The testator bequested his home to appellant. The testator, however, had sold this home and received a note and deed of trust to secure payment. After the testator executed his will, the deed of trust note was prepaid in full to the testator. The testator subsequently died without having changed his will. An amended inventory revealed that his estate included a money market certificate in the amount of the deed to trust in the decedent's regular account. At trial, appellant attempted to introduce testimony that the testator knew that she needed money because of her debilitating health. However, the trial court refused to entertain evidence concerning the intent of the testator and held that the specific bequest to appellant failed because it was no longer in existence....