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TILLMAN v. SMITH

No. 88-800.

533 So.2d 928 (1988)

Lorraine C. TILLMAN, As Personal Representative of the Estate of Elmer L. Smith, Deceased, Appellant, v. Virginia Savage SMITH, Appellee.

District Court of Appeal of Florida, Fifth District.

November 17, 1988.

Attorney(s) appearing for the Case

William L. Townsend, Jr. of Walton & Townsend, Palatka, and Albert C. Malone, Jr., Orange Park, for appellant.

A. August Quesada, Jr. of Quesada & Walker, Jacksonville, for appellee.

COBB, Judge.

Lorraine Tillman, as personal representative of the estate of Elmer Smith, challenges the trial court's determination that attorney's fees incurred by an estate beneficiary for legal services which benefitted the estate1 are entitled to a Class 1 rather than Class 7 priority under section 733.707, Florida Statutes (1987). That statute provides:

Order of payment of expenses and obligations. —

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