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CAREY v. ROCKE

No. 2D08-4445.

18 So.3d 1266 (2009)

Jack S. CAREY and Gloria DuBois, Appellants/Cross-Appellees, v. Jacqueline ROCKE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

October 23, 2009.

Attorney(s) appearing for the Case

Joseph W. Fleece, III of Baskin Fleece, Clearwater, for Appellants/Cross-Appellees.

Gwynne A. Young, John R. Blue and Sylvia H. Walbolt of Carlton Fields, P.A., Tampa, and Jonathan B. Sbar of Rocke, McLean & Sbar, P.A., Tampa, for Appellee/Cross-Appellant.

KHOUZAM, Judge.

Jack S. Carey and Gloria DuBois appeal a final order granting in part and denying in part Jacqueline Rocke's objection to the petition for administration of the February 1994 will of Virginia Murphy. The trial court voided the residuary clause of the will based upon a finding that Mr. Carey (the decedent's attorney) and Ms. DuBois (Mr. Carey's legal assistant) failed to show that the residuary bequests to them were free from undue influence; declared...

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