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IN RE ESTATE OF McCLENAHEN

No. 84-1210.

476 So.2d 1289 (1985)

In re ESTATE OF Ross A. McCLENAHEN, Deceased. Edna P. McCLENAHEN, Ann Olesky, and Edna Smith, Appellants, v. Louise MALLAND, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 21, 1985.

Attorney(s) appearing for the Case

Philip S. Vova of Goldberg and Vova, Miami, and Yale Manoff of Weinberg and Manoff, P.A., Springfield, N.J., for appellants.

Lawrence A. Farese and Stephen M. Klimacek of Cummings & Lockwood, Naples, for appellee.

HALL, Judge.

Appellants raise three points on appeal:

I. WHETHER THE ELECTION OF EDNA McCLENAHEN TO CLAIM A WIDOW'S SHARE OF THE ESTATE OF ROSS A. McCLENAHEN, DECEASED, WAS A VALID ELECTION BECAUSE OF THE ALLEGED SECOND MARRIAGE — A COMMON-LAW MARRIAGE. II. WHETHER LOUISE MALLAND USED UNDUE INFLUENCE OVER THE DECEDENT, ROSS A. McCLENAHEN, IN ORDER TO OBTAIN THE ASSETS OF HIS ESTATE. III...

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