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BRAVO v. SAUTER

Nos. 97-1576, 97-2512.

727 So.2d 1103 (1999)

Rose BRAVO, Appellant, v. Matilda SAUTER, as Successor Trustee of the Vincent J. Bravo Revocable Trust Agreement (as amended), and as Personal Representative of the Estate of Vincent J. Bravo, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

March 10, 1999.

Attorney(s) appearing for the Case

William Jay Palmer and Steven D. Ginsburg of Adorno & Zeder, P.A., Miami, for appellant.

James A. Herb and Jennifer L. Fulton of Herb & Mednick, Boca Raton, for appellee.

ON MOTION FOR REHEARING

WARNER, J.

We withdraw our previously issued opinion and substitute the following in its place.

This case raises an issue of first impression in the field of estates and trusts. In brief, the question raised is does the surviving spouse forego her right to trust income where a decedent leaves an estate plan consisting of a pour-over will and a partially funded revocable inter vivos trust, but the surviving spouse takes...

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