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SIEGEL v. NOVAK

Nos. 4D04-3435, 4D05-430.

920 So.2d 89 (2006)

Daniel G. SIEGEL, individually, and Simon B. Siegel, individually, and as Trustee of trusts created under Articles Fifth and Sixth u/a Dorothy H. Rautbord, deceased, Appellants, v. Judith S. NOVAK, as Co-Personal Representative of the Estate of Dorothy H. Rautbord, deceased, and individually; and JP Morgan Trust Company, N.A., as Co-Personal Representative of the Estate of Dorothy H. Rautbord, deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 23, 2006.

Attorney(s) appearing for the Case

Richard A. Goetz and Glenn M. Mednick of Hodgson Russ LLP, Boca Raton, for appellants.

James G. Pressly, Jr., of Pressly & Pressly, P.A., West Palm Beach, for appellee Judith S. Novak.

Arnold L. Berman, Stephen T. Maher, William D. McEachern, and Vincent E. Miller of Shutts & Bowen LLP, West Palm Beach, for appellee JP Morgan Trust Company, N.A.

GROSS, J.

This consolidated appeal involves two aspects of decedent Dorothy H. Rautbord's estate plan: 1) Case No. 4D04-3435 involves the petition to remove the co-personal representatives of Rautbord's estate, and 2) Case No. 4D05-430 concerns a challenge to disbursements made by the trustee of a revocable trust established by Rautbord. We hold that under New York law and the facts of this case, the decedent's sons have...

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