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IN RE ESTATE OF CALDWELL

No. 39562.

247 So.2d 1 (1971)

In re ESTATE of Hortense CALDWELL, Deceased. Maude COMER, Ethel Jackson, and Eva M. Right, Appellants, v. Edith CALDWELL, Howard Caldwell, Eunice Caldwell, and Ethel Caldwell, Appellees.

Supreme Court of Florida.

March 31, 1971.

Attorney(s) appearing for the Case

Cunningham & Cunningham, West Palm Beach, Stenstrom, Davis & McIntosh, Sanford, and Harold L. Braynon, of Matthews, Braynon & Mapp, Miami, for appellants.

Joe N. Unger, of Smith, Mandler, Smith & Parker, Miami Beach, for appellees.

CARLTON, Justice.

This is a probate matter featuring an inheritance dispute between legitimate and illegitimate collaterals of the deceased, Hortense Caldwell. Appellants, who represent the legitimate collaterals, have directly appealed from an "Order Determining Heirs" issued by the County Judge's Court, Dade County, in which Fla. Stat. § 731.29, F.S.A. was declared unconstitutional.

"[I]n that the same unjustly and unlawfully discriminates against...

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