Campbell v. Campbell- Fischman wins Appeal to the Third district

Campbell v. Campbell, 489 So.2d 774 (1986) 11 Fla. L. Weekly 1000, 11 Fla. L. Weekly 1311, 11 Fla. L. Weekly 1356 © 2018 Thomson Reuters. No claim to original U.S. Government Works. 1 489 So.2d 774 District Court of Appeal of Florida, Third District. Richard W. CAMPBELL and Harold T. Collins, Appellants, v. Gladys B. CAMPBELL

Sherman & Fischman and Bruce Fischman, Miami, for appellants. Edward I. Golden and Paul M. Cowan, Buchbinder & Elegant and Ira Elegant, Miami, Joseph H. Murphy, Jr., Coral Gables, for appellees. Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.

Synopsis Dispute arose when personal representative of testator's estate petitioned for construction of portion of will granting some part of partnership to testator's brother and nephew. The Circuit Court, Dade County, Edmund W. Newbold, J., determined that the brother and nephew of the testator had each been granted a one-sixth interest in the partnership. Brother and nephew appealed. The District Court of Appeal, Schwartz, C.J., held that patent ambiguity existed in will, as to fractional interest granted to brother and nephew, thus permitting admission of appropriate extrinsic evidence. Reversed and remanded with directions

Campbell v Campbell.pdf