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IN RE ESTATE OF MILLER

No. 73-535.

301 So.2d 137 (1974)

In re ESTATE OF Pearl J. MILLER, Deceased.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 30, 1974.

Attorney(s) appearing for the Case

Peter N. Smith, Sutton, Wright & Smith, and Donald W. Scarlett, Orlando, for appellants-Marjorie Hall Montgomery and Bernice Hall Glass.

Roe H. Wilkins and James B. Bogner, Maguire, Voorhis & Wells, Orlando, for appellee-Butler University.

OWEN, Chief Judge.

In this probate case, an order was entered apportioning estate taxes pursuant to Section 734.041(1), F.S., from which order two of the affected residuary legatees appeal.

The decedent, Pearl J. Miller, died on September 19, 1968, leaving a probate estate of approximately $445,000.00 in personal property. Her will provides in part as follows:

"SECOND "A. I give and bequeath unto the FIRST UNITARIAN CHURCH of Orlando, Florida...

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