IN RE ESTATE OF WAGNER

No. 81-2111.

423 So.2d 400 (1982)

In re ESTATE OF Richard A. WAGNER. Reginald T. LYMAN and Kenneth R. Lyman, Appellants, v. Mary FOLAN, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 17, 1982.


Attorney(s) appearing for the Case

Edward F. Koren and Steven D. Merryday of Holland & Knight, Lakeland, for appellants.

William H. Grace of Allen, Knudsen, Swartz, DeBoest, Rhoads & Edwards, P.A., Fort Myers, for appellee.


HOBSON, Acting Chief Judge.

The brothers Reginald and Kenneth Lyman appeal an order which ruled 1) that the antilapse statute is inapplicable and thus they are not entitled to share as beneficiaries in the portion of the estate of the testator, their uncle Richard Arthur Wagner, which he devised to named sisters who died after execution of the will but before his death; and 2) that the lapse statute is applicable and thus the lapsed portion passes to the surviving...

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