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NESBITT v. EISENBERG

No. 61-543.

139 So.2d 724 (1962)

Lenore C. NESBITT, As Trustee under the Will of Edith Hodge Currey, Deceased, and Richard J. Thornton, Attorney and Guardian Ad Litem of Judson Stephenson Currey, Appellants, v. Sigmund EISENBERG, As President of Hope School, a/K/a Children's Mental Research Foundation of Florida, Inc., and Hope School, Appellees.

District Court of Appeal of Florida. Third District.

April 10, 1962.

Attorney(s) appearing for the Case

G. David Parrish, Miami, and Joseph Nesbitt, Tallahassee, for appellants.

Emanuel Levenson, Miami, for appellees.

Richard J. Thornton, Miami, attorney and guardian ad litem.

Before HORTON, CARROLL and BARKDULL, JJ.

BARKDULL, Judge.

This is an appeal by the trustee under a testamentary trust for the support and maintenance of a minor child, seeking review of an order in favor of the appellees upon their petition for support of the minor beneficiary.

This controversy arises out of the following factual background: On December 13, 1953, Edith Hodge Currey, the deceased, executed a will containing the following provision:

"I give, bequeath and devise unto my EXECUTRIX...

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