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IN RE MULLIN'S ESTATE

No. 1740.

133 So.2d 468 (1961)

In re ESTATE of Ann M. MULLIN, Deceased. Dorothy Ampfer HARDWAY, as Administratrix Ad Litem of the Estate of Margaret Allen Hirsch, deceased, Catherine Hoban, Edward J. Hoban, Mary Elizabeth Hoban and Dorothy Hoban McCarthy, Appellants, v. FIRST NATIONAL BANK IN ST. PETERSBURG, as Executor of the Estate of Ann M. Mullin, deceased, and Joseph P. Coslett, individually and as Administrator of the Estate of Mary C. Owen, deceased, Martha C. Coslett, Charles Coslett, Jr., and Virginia Coslett Ainsworth, Appellees.

District Court of Appeal of Florida. Second District.

October 6, 1961.

Attorney(s) appearing for the Case

Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

Wilbur C. Stone, St. Petersburg, and Parker, Parker & Battaglia, Madeira Beach, for appellees.

KANNER, Judge.

Executor of the will of Ann M. Mullin petitioned the County Judge's Court of Pinellas County for construction of the will and codicil of Ann M. Mullin. The probate judge found that paragraph 1 of the codicil was so worded that the intent of the testatrix was not clear, presenting an ambiguity which made it necessary for the court to examine the will and codicil in their entireties and to take testimony whereby the true intent of the testatrix might...

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