Lorenzo v. Medina

47 So. 3d 927 (2010)

Facts

Cecilia's will was admitted to probate. She left her estate to her brother Jose Medina and her brother in law, Jesus Lorenzo in equal shares. If either of them did not survive her, the share of the deceased was to be given to their surviving spouse, Juana Medina, and Maria Lorenzo. The issue was who was entitled to Jose and Juana 50% share as neither survived Cecilia. Lorenzo (P) filed a petition contending the bequest lapsed and he was entitled to the 50%. The court gave the bequest to Isabel Medina and Jose Medina, the surviving children of Jose and Juana. P appealed.