GRAPES v. MITCHELL

No. 32285.

159 So.2d 465 (1963)

Shirley Mitchell GRAPES, Miriam Mitchell Arien, and Rita Mitchell Nichtberger, Petitioners, v. Ruth E. MITCHELL, individually and as Executrix of the Will of Sam Mitchell, Deceased, Respondent.

Supreme Court of Florida.

Rehearing Denied January 30, 1964.


Attorney(s) appearing for the Case

Redfearn, Ferrell & Simon, Miami, for petitioners.

Sibley, Grusmark, Giblin & Levenson and Irving B. Levenson, Miami Beach, for respondent.


HOBSON, Justice (Ret.).

This case is here on petition for writ of certiorari filed by three daughters of Sam Mitchell, deceased, who pray that we quash the decision and order of the District Court of Appeal, Third District, which denied them relief on the ground that no resulting trust in their favor had been established.

The District Court denied a petition for rehearing and voluntarily certified "that the decision of this court in this case `passes upon...

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