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IN RE LIVINGSTON'S ESTATE

No. 4121.

172 So.2d 619 (1965)

In re ESTATE of M. Helen Surface LIVINGSTON, Deceased. MAYO'S CLINIC, et al., Appellants, v. James F. LIVINGSTON, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied March 23, 1965.

Attorney(s) appearing for the Case

Alan C. Sundberg, of Mann, Harrison, Mann & Rowe; George F. Wilsey, Jr., of Fisher & Wilsey, St. Petersburg, for appellants.

Charles W. Burke, St. Petersburg, for appellee.

HENSLEY, ROBERT E., Associate Judge.

This cause arose in the lower court by the filing of a "Petition for Determination of Heirs and Beneficiaries" by the surviving spouse of M. Helen Surface Livingston who had died testate. Her last will had been executed prior to her marriage to Petitioner but after she had become engaged to him. The will mentioned Petitioner in only two parts thereof, as follows:

"FIFTH: I hereby give, devise and bequeath my 1961 Cadillac...

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