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IN RE ESTATE OF CHURCHWELL

No. EE-304.

354 So.2d 970 (1978)

In re the ESTATE OF James Elbert CHURCHWELL, a/k/a J.E. Churchwell, Deceased. Clara WHITE and Doris Roberts, Appellants, v. H. Paul CHURCHWELL, Appellee.

District Court of Appeal of Florida, First District.

February 8, 1978.

Attorney(s) appearing for the Case

John F. Daniel and Alan Thompson of Sale, Bryant, Daniel & Thompson, Panama City, for appellants.

Bill R. Hutto of Syfrett, Hutto & Paul, Panama City, for appellee.

MILLS, Acting Chief Judge.

We are called upon to determine whether the residuary and general beneficiaries under a will are required to compensate the specific beneficiaries for loss of one-third of their specific bequests due to election of dower by the widow. The trial court answered affirmatively on authority of In re Malone's Estate, 54 So.2d 248 (Fla. 1951), and Section 734.06, Florida Statutes (1971). We reverse.

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