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FIRST NATIONAL BANK OF BIRMINGHAM v. McFARLAND

No. 7318.

200 So.2d 244 (1967)

The FIRST NATIONAL BANK OF BIRMINGHAM, As Trustee under the Will of Sam H. Browning, Deceased, Virginia B. Palmer and Lawman Frank Palmer, Jr., and the First National Bank of Clearwater, Appellants, v. Virginia Terrell McFARLAND, Annie Jo Stanford and Glenn L. Taylor, Jr., Beneficiaries of the Estate of Annie T. Browning, Deceased, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied July 21, 1967.

Attorney(s) appearing for the Case

Harold A. Ward, III, of Winderweedle, Haines & Ward, Winter Park, for appellants.

Fowler, White, Collins, Gillen, Humkey & Trenam, Tampa, for appellees.

OVERSTREET, MURRAY W., Associate Judge.

Appellants are the executor of the Estate of Sam H. Browning, deceased, the testamentary trustee under the Will of Sam H. Browning, and Sam H. Browning's daughter and grandson, the beneficiaries of that testamentary trust. Appellees are beneficiaries of the Estate of Annie T. Browning, the deceased widow of Sam H. Browning.

Sam H. Browning died on March 6, 1961. In 1959, Browning purchased with his personal checks some...

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