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MACFARLANE v. FIRST NATIONAL BANK OF MIAMI

No. 67-92.

203 So.2d 57 (1967)

Stewart MACFARLANE, Individually and As Co-Executor of the Last Will and Testament of James Macfarlane, Deceased, James Macfarlane and Janet Macfarlane Semple, Appellants, v. The FIRST NATIONAL BANK OF MIAMI, As Trustee et al., Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 6, 1967.

Attorney(s) appearing for the Case

Sibley, Giblin, Levenson & Ward, Miami Beach, Kurtz & Cooper, Miami, for appellants.

Shutts & Bowen and Cotten Howell, Scott, McCarthy, Steel, Hector & Davis, Miami, for appellees.

Before CHARLES CARROLL, C.J., and PEARSON and SWANN, JJ.

PEARSON, Judge.

The appellants are a co-executor and the beneficiaries under the last Will of James Macfarlane, deceased. As plaintiffs in the circuit court they sought a declaration that assets held by the First National Bank, as Trustee, were assets of the estate. The defendants in the circuit court, and appellees here, are the Bank, a co-executor of the same Will and individuals who are the ultimate beneficiaries of a revocable trust established by James Macfarlane...

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