SINNES v. PERENO

No. 93-1345.

629 So.2d 995 (1993)

Richard A. SINNES, Appellant, v. August J. PERENO and Dominick J. Napoli, Jr., As Co-personal Representatives of the Estate of Dominick J. Napoli, a/k/a Dan Napoli, a/k/a Damin Napoli, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

December 28, 1993.


Attorney(s) appearing for the Case

Barnett Robinson, Jr., Boca Raton, for appellant.

J. Bruce Hoffman, Miami, Hendricks & Hendricks and Robert Hendricks, Coral Gables, for appellees.

Before JORGENSON, LEVY and GERSTEN, JJ.


JORGENSON, Judge.

Richard A. Sinnes appeals from an order of the probate division of the circuit court determining that a bequest to Sinnes under the will of Dominick J. Napoli lapsed due to Sinnes' failure to fulfill express conditions precedent to the bequest. For the following reasons, we reverse.

The testator died on June 24, 1991, leaving an estate in excess of $7,000,000. One of the codicils to the testator's last will and testament provided:

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