COHEN v. COHEN

No. 75-932.

333 So.2d 114 (1976)

Murray COHEN et al., Appellants, v. Murray COHEN, As Executor of the Estate of Joseph Schwartz, Deceased, and Helen Adler, Appellees.

District Court of Appeal of Florida, Third District.

May 25, 1976.


Attorney(s) appearing for the Case

Kurt Wellisch, Coral Gables and Jerry Green, Jr., Miami, for appellants.

Hylan H. Kout, Miami Beach, for appellees.

Before HENDRY and NATHAN, JJ., and LESTER, M. IGNATIUS, Associate Judge.


HENDRY, Judge.

Appellants, plaintiffs below, living beneficiaries under a joint and mutual last will and testament, appeal a final judgment entered by the circuit court dismissing their complaint for declaratory judgment, specific performance, and damages.

On March 29, 1968, Joseph and Jean Schwartz, husband and wife, executed a joint and mutual will which included, inter alia, the following provision:

"We ... do make, publish and declare this...

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