In re Estate of Waks

GLICKSTEIN, Judge.

This is a timely appeal from an order denying the personal representative’s petition for surrender of personal property. We reverse.

Karl Waks and Belle Waks were husband and wife. They contemporaneously executed an agreement and joint will on February 4,1975, in Palm Beach County, Florida. The agreement provided in part:

1. Their purpose in making this Agreement and a Joint Last Will and Testament is to enable each of them, following their respective deaths, to make successive bequests from their jointly owned property, to their respective brothers, sisters, nephews, nieces…