IN RE ESTATE OF LEWIS

Nos. 80-1489, 80-2007.

411 So.2d 368 (1982)

In re ESTATE OF S. Cyrus LEWIS, Deceased.

District Court of Appeal of Florida, Fourth District.

March 31, 1982.


Attorney(s) appearing for the Case

Richard A. Kupfer of Cone, Owen, Wagner, Nugent, Johnson, Hazouri & Roth, P.A., West Palm Beach, for appellant-Hertha M. Lewis, Personal Representative.

James G. Pressly, Jr., of Gunster, Yoakley, Criser & Stewart, P.A., Palm Beach, for appellee-Dr. Paul Rosch.


LETTS, Chief Judge.

The widow of a decedent contests the probate court's summary judgment which denied her standing as personal representative to contest a clause in the will and which held she had no pecuniary or beneficial interest in the outcome. We reverse.

The decedent's will provides in pertinent part:

SEVENTH A marital deduction trust (Trust A) with the surviving spouse entitled to all the income each year with the power to invade...

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