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IN RE ESTATE OF GERHART

No. 68-851.

220 So.2d 655 (1969)

In re ESTATE of Margaret B. GERHART, Deceased. Franklin W. GERHART, Appellant, v. Edwin N. BELCHER, Jr., and John A. Belcher, Executors of the Estate of Margaret B. Gerhart, Deceased, and Co-Trustees of the Trust for the Benefit of Franklin W. Gerhart Established under the Will of Margaret B. Gerhart, Deceased, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 18, 1969.

Attorney(s) appearing for the Case

Helliwell, Melrose & DeWolf and Michael G. Martin, Miami, for appellant.

Hall & Hedrick, Miami, for appellees.

Before CHARLES CARROLL, C.J., and BARKDULL and HENDRY, JJ.

BARKDULL, Judge.

This appeal presents for review the correctness of an order of the county judges' court assessing attorney's fees. The fees were awarded for the establishment of a trust and were assessed against the corpus of the trust.

It is undisputed that the testator waived the requirements of the Florida trust law and waived the requirements of the testamentary trustees giving bond and otherwise complying with said statutes. However, this was an estate...

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