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In Re Estate of Rose

District Court of Appeal of Florida
Jun 9, 1964
63-651
Versions:

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.

PER CURIAM.

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.

Case Details

Case Name: In Re Estate of Rose
Court Name: District Court of Appeal of Florida
Date Published: Jun 9, 1964
Citations: 165 So. 2d 226; 63-651
Docket Number: 63-651
Court Abbreviation: Fla. Dist. Ct. App.
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