Legal Opinion

Brake v. Murphy

District Court of Appeal of Florida

Decided December 24, 1991No. 90-2723PublishedCited by 3 opinions

1Per curiam

We conclude that no error has been demonstrated in the order under review save for that portion of the order which denies the appointment of Dennis Murphy, Jr. as the successor personal representative of the Estate of Eileen Ellis Murphy.

Mr. Murphy is named in the testator’s will as the alternate personal representative, and no legal reason has been shown below why he is legally disqualified from so serving in accord with the testator’s wishes. Plainly, Mr. Murphy has no conflict of interest with respect to this estate such as the conflict of interest which Eileen Brake has and which, quite…

2Cases cited3 opinions

  1. State v. NorthSupreme Court of Florida · 1947
  2. Estate of Kenton v. KentonDistrict Court of Appeal of Florida · 1982
  3. In Re Estate of MindlinDistrict Court of Appeal of Florida · 1990

3Cited by3 opinions

  1. Brake v. Estate of MurphyDistrict Court of Appeal of Florida · 1996
  2. The Florida Bar v. BrakeSupreme Court of Florida · 2000
  3. Brake v. MurphyDistrict Court of Appeal of Florida · 1993

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