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ALLEN v. DALK

No. SC01-2.

826 So.2d 245 (2002)

Bonnie ALLEN, Petitioner, v. Margarete DALK, Respondent.

Supreme Court of Florida.

August 29, 2002.

Attorney(s) appearing for the Case

William H. Phelan, Jr. of Bond, Arnett & Phelan, P.A., Ocala, FL, for Petitioner.

Christopher J. Klein of Baur, Klein, Matos & Riedi, P.A., Miami, FL, for Respondent.

QUINCE, J.

We have for review a decision of the Fifth District Court of Appeal on the following question, which the court certified to be of great public importance:

MAY A CONSTRUCTIVE TRUST BE IMPOSED OVER THE ASSETS OF AN ESTATE IN FAVOR OF A BENEFICIARY NAMED IN AN INVALIDLY EXECUTED WILL, WHERE THE INVALIDITY IS THE RESULT OF A MISTAKE IN ITS EXECUTION, AND THE INVALID WILL EXPRESSES THE CLEAR INTENTION OF THE DECEDENT TO DISPOSE OF HER ASSETS IN THE...

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