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PAJARES v. DONAHUE

No. 4D09-508.

33 So.3d 700 (2010)

Gladys PAJARES, Appellant, v. Conchita DONAHUE, as the Personal Representative and beneficiary of the estate of Olga Kuhnreich, Nicole Roges, Gina Norris f/k/a Gina Donahue, Conchita Abad, Maria De Cuena, Robert Kuhnreich, David Abad a/k/a David Mears, and Orlando Abad a/k/a Lane Abbott, Appellees.

District Court of Appeal of Florida, Fourth District.

March 17, 2010.

Attorney(s) appearing for the Case

Jay L. Kauffman of Herb & Kauffman, P.A., Boca Raton, for appellant.

Amy B. Beller of The Beller Law Firm, P.A., for appellees Nicole Roges and Conchita Abad.

GROSS, C.J.

We affirm the circuit court's construction of a will, ruling that a decedent's primary residence was to be sold without a homestead classification. The will contained specific language indicating that the homestead was to be sold and the proceeds divided, so that the residence lost its "protected" homestead status.

Olga Kuhnreich died in 2007. She executed a will in 2004. The personal representative of the estate, Conchita Donahue, petitioned the...

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