IN RE WINTERS' ESTATE

No. 4144.

162 So.2d 282 (1964)

In re ESTATE of Anna Fern WINTERS, Deceased. Maurice M. PAUL, Guardian Ad Litem of Marian Frances Elliott and Guardian Ad Litem of all future unborn children of Harry Joseph Elliott, Appellant, v. Harry Joseph ELLIOTT, Administrator C.T.A., of the Estate of Anna Fern Winters, Deceased, et al., Appellees.

District Court of Appeal of Florida. Second District.

March 27, 1964.


Attorney(s) appearing for the Case

Albert P. Schwarz and Maurice M. Paul, of Sanders, McEwan, Schwarz & Mims, Orlando, for appellant.

A.T. MacKay, Orlando, for appellee Harry Joseph Elliott, Administrator C.T.A. of Estate of Anna Fern Winters, deceased.

Pervie P. Swann, Orlando, Guardian Ad Litem for children of Harry Joseph Elliott, appellee, in pro. per.


ALLEN, Acting Chief Judge.

Appellant, guardian ad litem for unborn children of Harry Joseph Elliott, brings appeal from an order determining that children of Harry Joseph Elliott not in esse at the date of the death of Anna Fern Winters could not be considered beneficiaries under that clause of her will providing:

"THIRD: I give, devise and bequeath all the rest and residue of my real and personal property, wheresoever situate, in equal shares...

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