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DISQUE v. UNGER

Nos. 4D05-2976, 4D05-2977.

955 So.2d 1121 (2007)

Philip A. DISQUE, as Personal Representative of the Estate of Rose Benjamin, and Alvin Benjamin, an individual, Appellants, v. Larry UNGER, as Personal Representative of the estate of Karen Benjamin, and Skylar Unger, a minor, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 11, 2007.

Attorney(s) appearing for the Case

Jeffrey Allan Hirsch and Linda M. Reck of Greenberg Traurig, P.A., Fort Lauderdale, for appellant Philip A. Disque.

Frederick C. Heidgerd of Heidgerd & Hunn, P.A., Deerfield Beach, for appellant Alvin Benjamin.

Stanley P. Kaplan, Miami, for appellee Larry Unger.

Diran V. Seropian of Edna L. Caruso, P.A., West Palm Beach, for appellee Skylar Unger.

KLEIN, J.

When Alvin and Rose Benjamin dissolved their marriage in 1989, they entered into a property settlement agreement which required Alvin to leave one-third of his estate to their two children, Karen and Susan, "and/or any of their issue." After Rose died, a question arose as to the interpretation of this language, and Rose's estate filed a complaint in the probate court for declaratory relief. When the probate court realized that Rose's estate had no financial...

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