FLETCHER v. WILLIAMS

No. E-66.

153 So.2d 759 (1963)

T.B. FLETCHER, and his wife, Aline Fletcher, Appellants, v. Lois Philpot WILLIAMS, Ruth Fletcher and P.C. Crapps, Jr., as Administrators of the estate of Madison Fletcher, deceased, with the Will annexed, and as Executors of the Last Will and Testament of Mae Fletcher, deceased, and as Trustees for the Trust Left for the use and benefit of Walter Madison Fletcher and McCall's Chapel Methodist Church, Appellees.

District Court of Appeal of Florida. First District.

May 21, 1963.


Attorney(s) appearing for the Case

J.L. Blackwell, Live Oak, for appellants.

Alfred T. Airth, Live Oak, for appellees.


WIGGINTON, Judge.

Plaintiffs have appealed from a final judgment granting Appellees' motion to dismiss their third amended complaint with prejudice on the grounds, among others, that (1) the verbal agreement sued upon violates the statute of frauds; and (2) that the agreement was not in writing signed in the presence of two subscribing witnesses by the persons whose executors are now sought to be charged. It is contended that the complaint states a cause of action...

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