In re the Estate of Davol

DREW, E. HARRIS, Associate Judge.

This is an appeal from an order of the Circuit Court for Dade County, Florida, affirming an order of the County Judge’s Court which determined the method of distribution of the estate of Lillian A. Da-vol, an intestate. It was the view of both courts that Sections 731.23 and 731.25, Florida Statutes, F.S.A., required distribution per stirpes among decedent’s nephews and nieces, who were her sole surviving heirs.

The appellants are the five children of decedent’s brother John, together with representatives of another of his sons who died subsequent to his aunt.…