IN RE ESTATE OF DeROCHE

No. 75-1172.

330 So.2d 860 (1976)

In re ESTATE OF LeRoy DeROCHE, Deceased. Marie Pfaff DeROCHE and Leonard M. DeRoche, As Joint Personal Representatives of the Estate of LeRoy DeRoche, Deceased, Appellants, v. Violet MITCHELL, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 18, 1976.


Attorney(s) appearing for the Case

Raymond E. Miller, Venice, for appellants.

Wayne Floyd, Wilson, Wilson & O'Connell, Venice, for appellee.


McNULTY, Chief Judge.

Appellants Marie Pfaff DeRoche and Leonard M. DeRoche, as joint executors of the Estate of LeRoy DeRoche, deceased, appeal from an order construing the testator's will as creating a precatory trust giving appellee, Violet Mitchell, a life estate in a mobile home and lot. We think the trial court erred in such construction and reverse.

The following circumstances existed both at the time of the will's execution and at the testator's death...

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