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IN RE ESTATE OF CICCORELLA

No. 81-100.

407 So.2d 1044 (1981)

In re the ESTATE OF Stephen CICCORELLA, Deceased. Patricia L. CICCORELLA, Appellant, v. Arleigh P. CICCORELLA, Personal Representative of the Estate of Stephen Ciccorella, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

December 29, 1981.

Attorney(s) appearing for the Case

Nelson & Nelson and Stephen H. Nelson, Hialeah, for appellant.

Philip E. Vitello, Fort Lauderdale, and Neil R. Bradie, Miami, for appellee.

Before HUBBART, C.J., and HENDRY and FERGUSON, JJ.

FERGUSON, Judge.

We affirm the order of the trial court finding that the deceased was competent in December, 1977 at the time he executed a second codicil to the contested will. We hold that Section 733.109(1)(b), Florida Statutes (1979) did not create an entitlement to jury trial as a matter of right with respect to the issue of testamentary capacity. Allen v. Estate of Dutton, 394 So.2d 132 (Fla. 5th DCA 1980). In this...

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