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IN RE ESTATE OF HERSKOWITZ

No. 75-1380.

338 So.2d 210 (1976)

In re ESTATE of Bernard J. HERSKOWITZ, Deceased. Marvin J. HERSKOWITZ, As Executor of the Estate of Bernard J. Herskowitz and As Trustee under His Will, Appellant, v. Samuel S. SMITH, Guardian Ad Litem of Robert Herskowitz and Mark Herskowitz, Minor Children of the Decedent, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 6, 1976.

Attorney(s) appearing for the Case

Noriega, Bartel, Chopp, Schatz, Levine & Shuford, Simon, Hays & Grundwerg, Miami, for appellant.

Samuel S. Smith, Miami Beach, Richard Mandell, Miami, for appellees.

Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Appellant, executor and testamentary trustee, appeals an order directing partial distribution to the testamentary trust and commencement of support payments to the beneficiaries.

In 1974 Bernard Herskowitz left an estate in excess of $500,000 willed to a testamentary trust for the benefit of his minor children Robert and Mark. The will named Bernard's brother, Marvin, executor of the estate and trustee and waived any requirement for him to qualify...

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