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ELLIOTT v. KRAUSE

No. 85-266.

490 So.2d 956 (1986)

Robert E. ELLIOTT and Linda J. Elliott, Appellants, v. Richard E. KRAUSE and Margaret Mackin, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 27, 1986.

Attorney(s) appearing for the Case

G. Charles Wohlust and James R. Palmer of DeWolf, Ward & Morris, P.A., Orlando, for appellants.

C. John Coniglio of C. John Coniglio, P.A., Wildwood, for appellees.

UPCHURCH, Judge.

Robert and Linda Elliott appeal an order in probate determining the right to real property under the will of Ernest Krause. The principal asset of the estate is Lot 8, Block 20 of Tracy's Point Subdivision.

Marie and Ernest Krause executed a joint will in January 1955 which provided that, after certain specific bequests, the surviving spouse would receive the property of the deceased spouse but upon the death of the survivor, the estate would...

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