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HALEY v. HEIRS OF SOMERVILLE

No. 645.

108 So.2d 780 (1958)

Sidney W. HALEY, as Executor of the Estate of Isabel Roberts, deceased, Appellant, v. All persons claiming to be the living HEIRS of John SOMERVILLE, deceased, and their children, if any, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied December 23, 1958.

Attorney(s) appearing for the Case

Sam E. Murrell, of Sam E. Murrell & Sons, Orlando, for appellant.

M.W. Wells, of Maguire, Voorhis & Wells, and Curtis B. Goff, Orlando, for appellees.

ALLEN, Judge.

This is an appeal from a declaratory final decree in favor of nine parties defendant. Appellant, plaintiff below, was named as executor, and also residuary legatee in the will of Isabel Roberts, and brought a suit for a declaratory decree to construe one portion of said will. This portion reads as follows:

"The unpaid balance, if any, on the purchase contract of the Iowa farm, which has been sold under said contract agreement is to be equally...

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