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IN RE FRIZZELL'S ESTATE

No. 3573.

156 So.2d 558 (1963)

In re ESTATE of Arthur C. FRIZZELL, a/k/a A.C. Frizzell, Deceased. Arthur Paul FRIZZELL et al., Appellants, v. FIRST NATIONAL BANK IN FORT MYERS, a corporation, as Executor of the Estate of Arthur C. Frizzell, deceased, Patti Lee Frizzell and Dorothy Carey Frizzell, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 15, 1963.

Attorney(s) appearing for the Case

Leroy Hill, Punta Gorda, T. Paine Kelly, Jr., of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

Leo Wotitzky, of Wotitzky, Wotitzky & Conrad, Punta Gorda, for appellee First Nat. Bank in Fort Myers.

W.A. Sheppard, of Sheppard & Woolslair, Fort Myers, for appellee Dorothy Carey Frizzell.

Edwin O. Simon of Redfearn & Simon, Miami, for appellee Elwood P. Safron, as guardian ad litem for appellee Patti Lee Frizzell.

ALLEN, Acting Chief Judge.

This appeal is from an order in probate declaring that appellee, Patti Lee Frizzell, is a pretermitted child of A.C. Frizzell, deceased, within the meaning of § 731.11, Florida Statutes, F.S.A. The appellants are beneficiaries named in decedent's will. The appellees, the executor and decedent's wife as well as Patti Lee Frizzell, answering by separate briefs favor the ruling of the County Judge.

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