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SECURITY TRUST COMPANY v. GRANT

No. 62-607.

155 So.2d 805 (1963)

SECURITY TRUST COMPANY, as Executor of the Last Will and Testament of Emma R. Baker, Deceased, Appellant, v. J. Emmett GRANT, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 13, 1963.

Attorney(s) appearing for the Case

Howard R. Hirsch, Miami, for appellant.

Garland M. Budd, Miami, for appellee.

Before CARROLL, HORTON and PEARSON, TILLMAN, JJ.

PEARSON, TILLMAN, Judge.

The Security Trust Company is the executor of the last will and testament of Emma R. Baker, deceased. It was sued as executor by J. Emmett Grant upon a demand note for $25,000 which provided for interest and attorney's fees. The executor filed an answer in which it denied the execution of the note and averred that the note "as executed and delivered by the decedent, was without consideration paid or given therefor." A non-jury trial resulted...

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