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IN RE ESTATE OF UDELL

No. 84-2039.

482 So.2d 458 (1986)

In re the ESTATE OF Daniel A. UDELL, Deceased.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 25, 1986.

Attorney(s) appearing for the Case

J.A. Plisco, P.A., Palm Beach, Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., and Larry Klein of Klein & Beranek, P.A., West Palm Beach, for appellant Mary Bachrach.

James E. Weber of James E. Weber, P.A., West Palm Beach, for appellee Sylvia Rose.

Nancy Malley Graham and H. David Faust of Steel, Hector, Davis, Burns & Middleton, Palm Beach, for appellee personal representative Bank of Palm Beach and Trust Co.

HERSEY, Chief Judge.

A residuary devisee under the will of Daniel A. Udell appeals an order implicitly construing one of the provisions in the will.

The decedent, Udell, married appellee, Sylvia Rose, his third wife, in 1963. Subsequently, these parties entered into a contract entitled "NUPTIAL AGREEMENT" which contained the following provision:

DAN will immediately duly execute a will naming SYLVIA as co-executor and co-trustee and providing for...

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