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IN RE ESTATE OF LOMAX

No. 80-1360.

395 So.2d 286 (1981)

In re ESTATE OF John Robert LOMAX, Sr. John Robert LOMAX, Jr., Appellant, v. Laura Lomax RAYTHWICK, Individually and As Personal Representative of the Estate of John Robert Lomax, Sr., Deceased, Tressa Ann Hipple, Robert Allen Lomax, Debra Lynn Best, and Elinor Wilson Lomax, Appellees.

District Court of Appeal of Florida, Third District.

March 17, 1981.

Attorney(s) appearing for the Case

Swope, Stobs & Koltnow and Donald W. Stobs, Jr., Miami Shores, for appellant.

Bergman & Jacobs and Mark A. Jacobs, North Miami Beach, for appellees.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

The order under review denying appellant's petition for revocation of probate, which asserted that his father's will was procured by undue influence,1 is affirmed upon a holding that even if, arguendo, Laura Raythwick, the decedent's sister and a person active in procuring the contested will, be deemed to have occupied a confidential relationship with the decedent and...

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