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IN RE BARRET'S ESTATE

40 So.2d 125 (1949)

In re BARRET'S ESTATE. STEPHENS v. BARRET et al.

Supreme Court of Florida, en Banc.

Rehearing Denied March 5, 1949.

Attorney(s) appearing for the Case

Coxe & Stephens, of St. Augustine, and Bedell & Bedell, of Jacksonville, for appellant.

Frank D. Upchurch of St. Augustine, and Rogers, Towers & Bailey, of Jacksonville, for Adele Hart Barret, executrix.

David R. Dunham, of St. Augustine, for Vestry of Trinity Church of St. Augustine.

TERRELL, Justice.

Marie L. Buckner Barret died in St. Augustine, Florida, April 5, 1947. On March 1, 1946 she executed her will in which she made bequests to numerous friends and relatives and designated Trinity Episcopal Church as her residuary legatee. Appellant M.L. Stephens was named executor of this will which will hereafter be referred to as the first will. On May 22, 1946, she executed a second will in which she bequeathed Trinity Episcopal Church $2000.00...

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