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MORGENTHALER v. FIRST ATLANTIC NATIONAL BANK

80 So.2d 446 (1955)

Henry W. MORGENTHALER, Jr., joined by Elizabeth Taylor Morgenthaler, his wife, and David Turner Morgenthaler, their son, Petitioners, and Joseph E. Morgenthaler, Petitioner, Appellants, v. FIRST ATLANTIC NATIONAL BANK OF DAYTONA BEACH, Florida, as Executor, Appellee.

Supreme Court of Florida. Division A.

May 18, 1955.

Attorney(s) appearing for the Case

Edward L. Semple, Miami, for appellants.

Cobb & Cole, Daytona Beach, for appellee.

DREW, Chief Justice.

We preface this opinion with the observation that our task in this case — involving as it does — a difficult question that this court has never decided, has been simplified, and we have been greatly assisted by the concise, logical and ably prepared briefs of counsel for both parties as well as a record embracing only essential matters.

We are concerned here with the will of Sophia Morgenthaler dated June 5, 1935, (hereinafter...

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