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IN RE ESTATE OF GROSS

No. 62-122.

144 So.2d 861 (1962)

In re ESTATE of James Thomas "Tom" GROSS, Deceased. Mrs. J.R. GROSS, Appellant, v. Willie Mae GROSS and John Ruff, As Administrator of the Estate of James Thomas "Tom" Gross, Deceased, Appellee.

District Court of Appeal of Florida. Third District.

October 2, 1962.

Attorney(s) appearing for the Case

Robert C. Lane and L.L. Robinson, Miami, for appellant.

William W. Charles, Miami, and John Ruff, So. Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and CARROLL and HENDRY, JJ.

CARROLL, Judge.

This appeal is from an order of the county judge's court in Dade County which granted a petition to re-establish a copy of a will, and admitted it to probate. The original of the will was destroyed in Birmingham, Alabama, by a person acting at the direction of the testator who was then in Miami, Florida.

The determinative question is whether destruction of the will, not in the presence of the testator...

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