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LINDEBURG v. LINDEBURG

No. 63-430.

162 So.2d 1 (1964)

Frances J.W. LINDEBURG, Executrix of the Estate of Alfred Lindeburg, deceased, Appellant, v. Myles Frederick LINDEBURG and Gwendoline Grew, as Executor and Executrix, respectively, of the Last Will and Testament of Vivian B. Lindeburg, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 9, 1964.

Attorney(s) appearing for the Case

Butler, Swope & Manning, Miami Shores, for appellant.

L.L. Robinson and Ben S. Hancock, Jr., Miami, for appellee.

Before CARROLL, HORTON and HENDRY, JJ.

PER CURIAM.

Defendant appeals from the summary final judgment granted to plaintiff by the circuit court.

Appellee is the divorced wife of Alfred Lindeburg.

Prior to appellee obtaining a divorce from the deceased, appellee and her husband entered into a property settlement agreement which provided, inter alia:

"5. It is further understood and agreed that the party of the second part [husband] is carrying at the present time a War Risk Insurance...

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