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Wills, Trusts & Estates Keyed to Gallanis
Azcunce v. Estate of Azcunce
Citation:
586 So. 2d 1216 (Fla. Ct. App. 1991)Facts
On May 4, 1983, the testator Rene R. Azcunce executed a will which established a trust for the benefit of his surviving spouse and his then-born children: Lisette, Natalie, and Gabriel; the will contained no provision for after-born children. On August 8, 1983, and June 25, 1986, the testator executed two codicils which did not alter in any way this testamentary disposition and also made no provision for after-born children. On March 14, 1984, the testator’s daughter Patricia Azcunce was born—after the first codicil was executed, but before the second codicil was executed. The first codicil expressly republished all the terms of the original will; the second codicil expressly republished all the terms of the original will and first codicil. On December 30, 1986, the testator, who was thirty-eight (38) years old, died of a heart attack—four months after executing the second codicil.
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V Custody and Child Support