FIRST NATIONAL BANK IN FORT MYERS v. HILL

No. 6864.

194 So.2d 675 (1967)

FIRST NATIONAL BANK IN FORT MYERS, As Executor of the Estate of Arthur C. Frizzell, Also Known As A.C. Frizzell, Deceased, Appellant, v. Leroy HILL and the Firm of Macfarlane, Ferguson, Allison & Kelly, Appellees.

District Court of Appeal of Florida. Second District.

February 1, 1967.


Attorney(s) appearing for the Case

Wotitzky, Wotitzky & Schoonover, Punta Gorda, for appellant.

Leroy Hill, Punta Gorda, and Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees.


HOBSON, Judge.

Arthur C. Frizzell died on January 6, 1961. His last will and testament dated February 15, 1960, and a codicil thereto dated July 9, 1960 were duly admitted to probate in the County Judge's court in and for Charlotte County on January 9, 1961. These instruments contained the following provisions:

1. That portion of the estate "which shall be equal to that to which she would otherwise be entitled if she were to elect to take dower therein" was...

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