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SMITH v. HOLLEY

No. 77-864.

363 So.2d 594 (1978)

James D. SMITH, Sr., Executor of the Estate of Max Holley, Deceased, and Mary L. Holley, Deceased, Appellant, v. Executrix-Estate of Vivian Otsie HOLLEY, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

October 25, 1978.

Attorney(s) appearing for the Case

Frederick M. Dahlmeier of Cromwell & Remsen, Riviera Beach, for appellant.

Arthur E. Barrow of Caldwell, Pacetti, Barrow & Salisbury, Palm Beach, for appellee.

CROSS, Judge.

James D. Smith, Sr., as Executor of the Estate of Max Holley, deceased, and as Executor of the Estate of Mary L. Holley, deceased, seeks through interlocutory appeal review of an order denying a motion to dismiss a second amended petition for determination of beneficiaries and to void documents. We reverse.

Max Holley, Rex Holley and Vivian Holley were the sole surviving children and heirs to the Estate...

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