District Court of Appeal of Florida June 16, 1987, No. 87-161 (Valleskey v. Flagship National Bank of Miami)

SCHWARTZ, Chief Judge.

It is clear that attorney’s fees were properly assessed against the estate for the defense of the personal representative in a non-frivolous, but ultimately unsuccessful action by the beneficiaries to surcharge the p.r. for alleged improprieties in the performance of its duties.1 Anderson v. *542Anderson, 468 So.2d 528 (Fla. 3d DCA 1985), pet. for review denied, 476 So.