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BRAKE v. MURPHY

No. 90-2723.

591 So.2d 1025 (1991)

Eileen M. BRAKE and Dennis L. Murphy, Jr., Appellants, v. Eve E. MURPHY, Richard Murphy, and Herbert Stettin, as Successor Personal Representative of the Estate of Eileen Ellis Murphy, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 4, 1992.

Attorney(s) appearing for the Case

Robert M. Brake, Coral Gables, and Carey L. Ewing, Miami, for appellants.

Herbert Stettin and Pamela K. Stettin, Miami, Joseph H. Murphy, Jr., Coral Gables, for appellees.

Before HUBBART, BASKIN and LEVY, JJ.

PER CURIAM.

We conclude that no error has been demonstrated in the order under review save for that portion of the order which denies the appointment of Dennis Murphy, Jr. as the successor personal representative of the Estate of Eileen Ellis Murphy.

Mr. Murphy is named in the testator's will as the alternate personal representative, and no legal reason has been shown below why he is legally disqualified from so serving in accord with the testator's wishes...

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