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SUN FIRST NAT. BANK v. FRY

No. 90-02304.

579 So.2d 869 (1991)

SUN FIRST National Bank of Polk County, As Personal Representative of the Estate of Margaret W. Fry, Appellant, v. Harry E. FRY, Jr., John A. Belding, Jr., Kimberly A. Ferguson, Thomas Maxwell Ferguson, III, Michael Anthony Ferguson, Sheryl Ferguson Gafford and Christopher Lee Ferguson, Appellees.

District Court of Appeal of Florida, Second District.

May 22, 1991.

Attorney(s) appearing for the Case

Thomas B. Putnam, Jr. of Peterson, Myers, Craig, Crews, Brandon & Puterbaugh, P.A., Winter Haven, for appellant.

Roger McClelland of Roger McClelland, P.A., Key West, for appellees.

CAMPBELL, Acting Chief Judge.

Sun First National Bank of Polk County, as personal representative of the estate of Margaret W. Fry, deceased, challenges the trial court order finding that where decedent's surviving spouse had validly waived his homestead rights and there were no minor children, decedent's homestead property would pass directly to the lineal heirs, appellees. Sun First maintains that the property should pass by decedent's will. We agree. City Nat...

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