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IN RE ESTATE OF JEFFCOTT

No. 5821.

186 So.2d 80 (1966)

In re ESTATE OF Kate JEFFCOTT, Deceased. Allcia JEFFCOTT, Ruth Draper, St. Luke's Episcopal Church, and Fort Myers Public Library, Appellants, v. F.E. STARNES and Loca Belle Yawn, Co-Executors, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied May 24, 1966.

Attorney(s) appearing for the Case

Charles L. Bigelow, Jr., of Allen, Knudsen, Swartz, Richardson & DeBoest, Fort Myers, for appellants Alicia Jeffcott and Fort Myers Public Library.

Dwight A. Whigham and Harry A. Blair, of Smoot, Blair & Whigham, Fort Myers, for appellants Ruth Draper and St. Luke's Episcopal Church.

William L. Graddy and Hugh Starnes, of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellees.

ALLEN, Chief Judge.

Appellants have sought review of a probate court order determining that (1) their cash bequests under the Jeffcott will are general bequests, (2) Section 734.041, Fla. Stats., F.S.A., of the Florida Probate Code does not apply to the Jeffcott Estate.

Kate Jeffcott died testate in 1961. Her will, as probated, contained the following relevant provisions:

"FIRST, after all my lawful debts are paid and discharged, I give and bequeath...

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