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IN RE ESTATE OF ROBERTS

No. 78-512.

367 So.2d 269 (1979)

In re ESTATE OF Luby L. ROBERTS, Jr., Deceased. Luby Lee ROBERTS, Sr., Appellant, v. Terry Dean BOLTON, Appellee.

District Court of Appeal of Florida, Third District.

February 13, 1979.

Attorney(s) appearing for the Case

Ferrell & Ferrell and Milton M. Ferrell, Miami, for appellant.

Storace, Hall & Hauser and Richard F. O'Brien, III, Miami, for appellee.

Before PEARSON, HENDRY and BARKDULL, JJ.

BARKDULL, Judge.

Luby Lee Roberts, Sr. appeals an order denying his petition for administration (without Will) and granting Terry Dean Bolton's petition to admit a Will for probate.

The Will of the deceased provided that he and his wife bequeathed their estates to each other and, further: "If my said wife and I should die in a common * * * disaster, we do give * * * all our said estate to our nephew, Terry Dean Bolton." [emphasis added] Prior to the...

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