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MITCHELL v. GRAPES

No. 62-41.

146 So.2d 591 (1962)

Ruth E. MITCHELL, Individually and As Executrix of the Will of Sam Mitchell, Deceased, Appellant, v. Shirley Mitchell GRAPES, Miriam Mitchell Arlen, and Rita Mitchell Nichtberger, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 4, 1962.

Attorney(s) appearing for the Case

Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, for appellant.

Redfearn, Ferrell & Simon, Miami, for appellees.

Before HORTON, CARROLL and HENDRY, JJ.

HENDRY, Judge.

The appellant, Ruth E. Mitchell, was the second wife of Sam Mitchell, now deceased, and was sued individually and as executrix of the will of Sam Mitchell, by Miriam Mitchell Arlen, Rita Mitchell Nichtberger and Shirley Mitchell Grapes, the three daughters of the deceased, by a previous marriage. Each of the daughters (appellees) filed separate but identical complaints seeking to impose a resulting trust upon realty which they allege their father was...

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