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SEGAL v. LEVINE

No. 85-2036.

489 So.2d 868 (1986)

Esther SEGAL, Bernard Mazie, Fred Mazie, Miriam Beckman, Norman Mazie, and Bennett Mazie, Appellants, v. I. Stanley LEVINE, As Trustee under the Last Will and Testament of Sidney Lefkowitz, Deceased, and David D. Phillips, Appellees.

District Court of Appeal of Florida, Third District.

June 10, 1986.

Attorney(s) appearing for the Case

Cohen, Berke, Bernstein & Kondell and Jeffrey Cohen, Miami, for appellants.

Blank, Rome, Comisky & McCauley and Nancy J. Cliff, Miami, for appellees.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

Appellants, nieces and nephews of the decedent's wife, appeal the trial court's denial of their petition for attorney's fees and costs to be taxed against the decedent's estate. We reverse.

The decedent left a will which contained three ambiguous provisions. Because the trustee was not sure how the assets should be distributed, he filed a petition for declaratory relief, seeking to have the court determine...

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