JURESKI v. SCADUTO

No. 4D03-2719.

882 So.2d 1061 (2004)

Larry JURESKI and William Callahan, individually, and Larry Jureski, as personal representative of the estate of Stephen M. Scaduto, Appellants, v. Elizabeth SCADUTO, Appellee.

District Court of Appeal of Florida, Fourth District.

August 25, 2004.


Attorney(s) appearing for the Case

Richard A. Sherman, Sr. of Richard A. Sherman, P.A., Fort Lauderdale, for appellants.

Jeffrey B. Smith of Kelley, Herman & Smith, Fort Lauderdale, for appellee.


STONE, J.

Larry Jureski, as personal representative, filed a petition to construe a will. A residuary beneficiary opposed the petition, contending that the will contained two irreconcilable clauses. The trial court, in construing the self-drafted will of the testator, agreed with the residuary beneficiary and concluded that the two dispository paragraphs in the will conflicted. As the conflict could not be otherwise resolved, the trial court, applying settled law...

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