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IN RE ESTATE OF SAUEY

No. 4D03-4369.

869 So.2d 664 (2004)

In re ESTATE OF Norman O. SAUEY, Sr., Deceased. Donald Sauey and Norman O. Sauey, Jr., as Personal Representatives of the Estate of Norman O. Sauey, Sr., Petitioners, v. Beverly Sauey, Respondent.

District Court of Appeal of Florida, Fourth District.

March 31, 2004.

Attorney(s) appearing for the Case

Michael L. Trop of Adorno & Yoss, P.A., Fort Lauderdale, for petitioners.

Thomas K. Topor of The Kelley Law Firm, Chartered, Fort Lauderdale, and John Beranek of Ausley & McMullen, Tallahassee, for respondent.

GROSS, J.

This petition for writ of certiorari arises from probate litigation. Petitioners, Donald Sauey and Norman O. Sauey, Jr., are the personal representatives of the Estate of Norman O. Sauey, Sr. Respondent, Beverly Sauey, is the surviving spouse. An antenuptial agreement provided that Beverly waived her spousal rights in her husband's estate upon the occurrence of certain conditions, including the funding of a marital trust for Beverly's benefit.

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