ESTATE OF SANGENITO

No. 92-1986.

631 So.2d 1125 (1994)

ESTATE OF Henrietta M. SANGENITO, Deceased. Vincent F. CATANZARO, Appellant, v. Theodore L. MEROLLA, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing/Clarification Denied March 9, 1994.


Attorney(s) appearing for the Case

Brian M. O'Connell of Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, for appellant.

James B. Putney of Honigman Miller Schwartz and Cohn, West Palm Beach, for appellee.


KLEIN, Judge.

The appellant was unsuccessful in establishing a lost or destroyed will, but argues that he was nevertheless entitled to attorney's fees under section 733.106(2), Florida Statutes (Supp. 1990). We affirm.

The decedent executed a handwritten will containing the signatures of two witnesses. She subsequently executed a typewritten will which was identical. The originals of these wills could not be produced for probate, and the appellant, a beneficiary...

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