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CARTER v. CARTER

No. 87-2216.

526 So.2d 141 (1988)

Carl Ray CARTER, Jr., a Beneficiary of the Estate of Catherine S. Carter, Appellant, v. David Ray CARTER and Virginia Carter, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 30, 1988.

Attorney(s) appearing for the Case

Richard H.W. Maloy, Coker, Meyers & Schickel and J. Thomas McKeel, Jacksonville, for appellant.

Mark T. Juanico, North Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.

NESBITT, Judge.

Carl R. Carter, Jr. appeals the revocation of his mother's will on the grounds of undue influence. We reverse.

In 1971, the testatrix executed a will which left the residue of her estate to her three sons in equal shares per stirpes. In 1975, she added a codicil which eliminated the one-third share to son Carl and divided it equally among him, his former wife, Virginia, and their four children, one...

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