TOD v. FULLER


78 So.2d 713 (1955)

Elizabeth S. TOD, Individually and as Executrix under the Last Will and Testament of Andrew Kinnaird Tod, deceased, Appellant, v. Constance Peabody FULLER, Appellee.

Supreme Court of Florida. Division A.

Rehearing Denied February 22, 1955.


Attorney(s) appearing for the Case

Winters, Foskett, Cook & Brackett and C.D. Blackwell, West Palm Beach, for appellant.

Coe, Richardson & Broberg, Palm Beach, for appellee.


MATHEWS, Chief Justice.

The history and background of this case was set forth in the opinion by this Court in Fuller v. Tod, Fla., 63 So.2d 316, and it will not be necessary to restate the same here. In that case and in the case now before the Court the execution of mutual and reciprocal wills was not questioned but the agreement and intention of the parties was questioned, and we held that all of the admissible or relevant testimony...

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