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CITY NAT. BANK OF FLORIDA v. TESCHER

No. 89-1830.

557 So.2d 615 (1990)

CITY NATIONAL BANK OF FLORIDA and Elda Santeiro-Martinez, As Co-Guardians of the Property of Elena Aleman, Incompetent, and Elda Santeiro-Martinez, Appellants, v. Donald R. TESCHER, Guardian Ad Litem, Nicholas M. Daniels, Coconut Grove Bank and Luis Soublette, As Co-Personal Representatives of the Estate of Elena Santeiro-Soublette, Deceased, Luis Soublette, Individually, Jorge Luis Romanach, Elda Maria Romanach, Juan Jose Romanach, and Alejandro Romanach, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 30, 1990.

Attorney(s) appearing for the Case

Mallory H. Horton, Vega and Perez, Coral Gables, for appellants.

Gladys R. Navarro, Miami, for appellees.

Before BASKIN, LEVY and GERSTEN, JJ.

LEVY, Judge.

This case involves the issue of whether certain homestead property owned by decedent Elena Santeiro-Soublette was subject to devise. The decedent was survived by her husband, two adult children, and four adult grandchildren. The decedent's spouse had executed an antenuptial agreement prior to the marriage renouncing all rights in the decedent's estate, including homestead rights.1

The decedent's will did not contain...

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