IN RE ESTATE OF RICE

No. 79-2252.

406 So.2d 469 (1981)

In re ESTATE OF David H. RICE, Deceased. Jack RICE, Florence Rice and Dr. Jack S. Rice, Jr., Appellants, v. Murray A. GREENBERG and Flagship National Bank of Miami, Personal Representatives of the Estate of David H. Rice, Deceased, and Caroline Rice, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 18, 1981.


Attorney(s) appearing for the Case

Smith, Mandler, Smith, Werner, Jacobowitz & Fried and Samuel Smith, Miami Beach, Teller, Chaney & Rector, Vicksburg, Miss., for appellants.

Hylan H. Kout and Harry A. Greenberg, Miami Beach, for appellees.

Before SCHWARTZ and NESBITT, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


NESBITT, Judge.

This is an appeal from a judgment construing a will. Once again, the task of the courts is to determine and effectuate the intention of a testator as gleaned from the words employed in his last will and testament. We are aided in this task by the canons and rules of construction, though centuries old, which provide us with a reliable gauge to ascertain the testator's intention.

In his seventy-eighth year, the testator took a third wife, Caroline...

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