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LOPEZ v. LOPEZ

96 So.2d 463 (1957)

James V. LOPEZ and Charles A. Lopez, minors, by their next friend and guardian, W.O. Mehrtens, Petitioners, v. Rafael W. LOPEZ, as Executor of the Estate of Joseph Anthony Lopez, Jr., deceased, et al., Respondents. Joseph Anthony LOPEZ III, Petitioner, v. Rafael W. LOPEZ, as Executor of the Estate of Joseph Anthony Lopez, Jr., deceased, et al., Respondents.

Supreme Court of Florida.

July 10, 1957.

Attorney(s) appearing for the Case

W.O. Mehrtens and Evans, Mershon, Sawyer, Johnston & Simmons, Miami, for petitioners.

Mitchell, Smith & Mitchell, Atlanta, Ga., for respondents.

Anderson & Nadeau, Miami, for intervenor.

O'CONNELL, Justice.

The petitioners seek review of an order of the chancellor requiring them to make an election between taking the benefits of the will of their father, deceased, or prosecuting certain claims against their father's estate.

The petitioners are the three sons of Holles H. Lopez and Joseph Anthony Lopez, Jr. The latter is the testator of the will involved herein. Both parents of the petitioners are deceased.

The petitioners' parents...

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