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In re Estate of Rose

District Court of Appeal of Florida, Third District
Jun 9, 1964
165 So. 2d 226 (Fla. Dist. Ct. App. 1964)

Opinion

No. 63-651.

June 9, 1964.

Appeal from the County Judges' Court, Dade County, W.F. Blanton, J.

Estelle G. Furlong, Miami Beach, for appellant.

Snyder, Young Stern, No. Miami Beach, Schulman Garfield, Miami Beach, and (Stanley M. Pred, Miami, Guardian Ad Litem), for appellees.

Before BARKDULL, C.J., and TILLMAN PEARSON and HENDRY, JJ.


This appeal brings on for review an order of the County Judge construing the provisions of a will. The principal point relied on for reversal is that the County Judge misinterpreted the intention of the testator, when he adjudicated that the "* * * bequest to the Trustee of Trust A of `one-half (1/2) of my adjusted gross estate' * * *" was a specific bequest of a dollar amount [as finally determined in the estate tax proceedings] rather than a bequest of a fractional share of a residual estate. We find no error on this point, and affirm. See: King v. Citizens Southern National Bank of Atlanta, Ga., Fla.App. 1958, 103 So.2d 689; In Re Althouse's Estate, 404 Pa. 412, 172 A.2d 146.

We find that the appellant is without standing to raise the other point contended as error on the part of the trial judge, as same failed to affect her interest. See: King v. Brown, Fla. 1951, 55 So.2d 187.

Therefore, for the reasons stated above, the order here under review is hereby affirmed.

Affirmed.


Summaries of

In re Estate of Rose

District Court of Appeal of Florida, Third District
Jun 9, 1964
165 So. 2d 226 (Fla. Dist. Ct. App. 1964)
Case details for

In re Estate of Rose

Case Details

Full title:IN RE ESTATE OF BENJAMIN ROSE, DECEASED. LILLIAN ROSE, APPELLANT, v. FIRST…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 9, 1964

Citations

165 So. 2d 226 (Fla. Dist. Ct. App. 1964)

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