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MARTINEZ v. BALBIN

76 So.2d 488 (1954)

Ramon MARTINEZ, Appellant, v. Julio BALBIN, also known as Julio C. Balbin, and Julio C. Balbin, as Acting Executor Under the Last Will and Testament of Pelayo Balbin, deceased (Probate Estate No. 37584; Hillsborough County, Florida), Appellees.

Supreme Court of Florida. Division B.

December 17, 1954.

Attorney(s) appearing for the Case

Oscar Cuesta, Tampa, for appellant.

C.C. Vega, Jr., Harold L. Mittle and William T. Fussell, and William E. Tucker, Tampa, for appellees.

HOBSON, Justice.

This is an appeal from an order of the circuit court, in chancery, dismissing an amended complaint filed by the appellant, Ramon Martinez, against the appellees Julio Balbin, individually and as acting executor under the last will and testament of Pelayo Balbin, deceased, and W.E. Tucker, as administrator ad litem of the estate of Pelayo Balbin, deceased.

In essence, the amended complaint alleged that the plaintiff had, on April 12, 1954,...

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