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IN RE KIONKA'S ESTATE

121 So.2d 644 (1960)

In re ESTATE of Anna Z. KIONKA, Deceased. Margaret Ann HEBBARD, Appellant, v. Walter R. ZIEGLER, Executor of the Last Will and Testament of Anna Z. Kionka, Robert E. Trapp, Lloyd F. Kruckemyer, and Albert H.D. Besalski, As President, Secretary and Pastor, Respectively, of the Congregation of Trinity Evangelical Lutheran Church of Orlando, Florida, Appellees.

Supreme Court of Florida.

June 22, 1960.

Attorney(s) appearing for the Case

Robert J. Bishop of Bishop & Bornstein, Orlando, for appellants.

Stephen R. Magyar, Orlando, for Walter R. Ziegler, Executor.

Sanders, McEwan, Schwarz & Mims, Orlando, for Robert E. Trapp, Lloyd F. Kruckemyer and Albert H.D. Besalski, as President, Secretary and Pastor, respectively of Congregation of Trinity Evangelical Lutheran Church of Orlando, Florida, appellees.

PER CURIAM.

Affirmed.

THOMAS, C.J., TERRELL, HOBSON, ROBERTS and DREW, JJ., and SMITH, Circuit Judge, concur.

O'CONNELL, J., concurs specially.

O'CONNELL, Justice (concurring specially).

I concur in the judgment of affirmance; however, because of the jurisdictional question involved I wish to express the reasoning which leads me to the conclusion that we have jurisdiction and therefore can affirm the decision involved.

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