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IN RE ESTATE OF McGINTY

No. 70-957.

243 So.2d 191 (1971)

In re ESTATE OF Thomas J. McGINTY, Deceased.

District Court of Appeal of Florida, Fourth District.

January 22, 1971.

Attorney(s) appearing for the Case

Sylvan B. Burdick, of Burdick & Silvian, West Palm Beach, for appellant-Patricia McGinty.

C.H. Albury, of Heuer & Albury, West Palm Beach, for appellee-William McGinty.

Harry Johnston, II, West Palm Beach, Attorney Ad Litem for John Duddy and Celeste Duddy.

Sidney M. Dubbin, West Palm Beach, for appellee-Brian McGinty.

Paty, Downey, Lewis & Daves, Palm Beach, for appellees-Executors Daniel Downey and Bank of Palm Beach and Trust Co.

ON MOTION TO DISMISS

OWEN, Judge.

The County Judge's Court of Palm Beach County in probate, entered its order dated October 14, 1970, determining that certain real property of the decedent was homestead property not subject to disposition by decedent's will. A devisee of such property timely filed notice of appeal, but designated the appeal as interlocutory and presumably is perfecting the same under Rule 4.2, F.A.R., 32 F.S.A. The matter is presently before...

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