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IN RE ESTATE OF PETERSON

No. 90-3055.

583 So.2d 718 (1991)

In re ESTATE OF Folke H. PETERSON, Deceased.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 7, 1991.

Attorney(s) appearing for the Case

William T. Coleman of Martin and Coleman, P.A., Fort Lauderdale, for appellants — Roland and Peter Sauber, Joan Fritz, Richard Green, Patricia Skelton, Sally Gottwalt, Janet Kenning, Roger, Debbie, Holly, Richard and Charles Green, Sharron Hoffman and Ramona Crisp.

Harry G. Carratt of Morgan, Carratt and O'Connor, P.A., Fort Lauderdale, for appellees — Sun Bank/South Florida, N.A., R.K. Kornmeier, Don E. Champion, Emily Van Vliet and Frank Van Vliet, as Personal Representatives.

William E. Boyes and Mark Wilensky of Levy, Kneen, Boyes, Wiener, Goldstein & Kornfeld, P.A., West Palm Beach, for appellees — Delores R. Nelson, Emily Van Vliet (individually), Arthur Anderson and Alrick L. Anderson.

PER CURIAM.

This is an appeal from an order of summary judgment. We reverse and remand with direction to enter judgment for appellants.

The testator's will left eighty percent of his estate in trust to a charitable foundation bearing his name and the remaining twenty percent in trust to a charitable remainder unitrust. The unitrust provisions were as follows:

[2.] A. Charitable Remainder Unitrust. My Trustees, as of my date of death, shall...

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