EBELING v. VOLTZ

No. 83-2624.

454 So.2d 783 (1984)

John EBELING, Margot Brady, F/K/a Margot Ebeling, and Martha Eckert, F/K/a Martha Ebeling, Appellants, v. Elmer G. VOLTZ and Margaret Voltz, Appellees.

District Court of Appeal of Florida, Fourth District.

August 29, 1984.


Attorney(s) appearing for the Case

Alvin Capp of Capp, Reinstein, Kopelowitz & Atlas, P.A., Fort Lauderdale, for appellants.

M. Daniel Hughes of Chappell & Brandt, P.A., Fort Lauderdale, for appellees.


GLICKSTEIN, Judge.

This is a timely appeal from a final judgment dismissing with prejudice appellant's complaint. We reverse and remand.

The bare bones undisputed facts are as follows: Decedent married Voltz in 1967, the couple executing an antenuptial agreement in which Voltz agreed that decedent's property would remain with her children after her death. In 1977, however, decedent executed a will leaving the bulk of her estate to Voltz. This will was offered...

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