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IN RE ESTATE OF OSBORN

No. 3696.

161 So.2d 47 (1964)

In re Estate of Tracy K. Osborn, Deceased. Henry C. OSBORN, Jr., Appellant, v. SARASOTA BANK AND TRUST COMPANY, as Executor of the Estate of Tracy K. Osborn, Deceased, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied March 5, 1964.

Attorney(s) appearing for the Case

Francis C. Dart, of Dart, Bell & Dickinson, Sarasota, and Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, for appellant.

Dye & Dye, Bradenton, and Williams, Parker, Harrison & Dietz, Sarasota, for appellee.

PER CURIAM.

Henry C. Osborn, Jr., appeals an order denying his petition for revocation of probate of the Will of his deceased brother, Tracy K. Osborn.

The order incorporated a comprehensive opinion setting forth findings and concluding that the testator possessed testamentary capacity on the date of execution of the Will and that the evidence as a whole showed no undue influence exerted by any of the beneficiaries on the testator.

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