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TAFT v. ZACK

No. 2D01-3302.

830 So.2d 881 (2002)

Dale Monroe TAFT, individually and as Personal Representative of the Estate of Sarah Zack Taft, a/k/a Sarah Ann Zack, deceased, Appellant, v. Thomas Edward ZACK, John Robert Zack, Jr., Walter Alan Zack, Susan Lynn Lawson, and Nancy Ellen Rea, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 14, 2002.

Attorney(s) appearing for the Case

Michael S. Edenfield of Battle & Edenfield, P.A., Brandon, for Appellant.

Joseph A. Eustace, Jr. of Anthony J. LaSpada, P.A., Tampa, for Appellees.

SILBERMAN, Judge.

Dale Monroe Taft appeals a circuit court order that held the last will executed by Sarah Zack Taft (the decedent) had been revoked and the decedent died intestate. We reverse.

The decedent died on August 3, 2000. Her last will, dated January 26, 2000, was filed for probate. The will named her husband, Dale Monroe Taft, as the primary beneficiary. The will provided that if Mr. Taft did not survive the decedent, her five children (the appellees...

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