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GERSON v. HAINES

No. 82-1452.

428 So.2d 766 (1983)

Kathryn GERSON, As Mother, Natural Guardian and Next of Kin of Charles Hardeman and Mathew Hardeman, Heirs at Law of John V. Hardeman, III, Deceased, Appellant, v. Ruth A. HAINES, Personal Representative of the Estate of Gail Ann Hardeman, Appellee.

District Court of Appeal of Florida, Third District.

March 29, 1983.

Attorney(s) appearing for the Case

Philip M. Gerson, Miami, for appellant.

John West, Miami, for appellee.

Before BARKDULL, NESBITT and FERGUSON, JJ.

PER CURIAM.

We find that the trial court erred in preventing descent and distribution of two decedent's estates contrary to Sec. 732.601(4) Florida Statutes (1979), in re: simultaneous deaths. The only "evidence" as to the order of death was an admission in the confession of the perpetrator of the homicides.

We hold that this admission was collateral to the declarant's admission against penal interest, to wit: the...

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