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RAILEY v. SKAGGS

No. 68-235.

212 So.2d 86 (1968)

Lilburn R. RAILEY, Jr., Appellant, v. Alpha Railey Milam SKAGGS and Mary Wells Milam, As Trustees of the Trusts under Will of Fleming G. Railey, Deceased, Appellees.

District Court of Appeal of Florida. Third District.

June 18, 1968.

Attorney(s) appearing for the Case

Hendricks & Hendricks, Miami, for appellant.

Smathers & Thompson and H. James Catlin, Jr., Richard R. Paige, Miami, Carey & Harrison, St. Petersburg, for appellees.

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

SWANN, Judge.

This interlocutory appeal is from a Circuit Court order which denied a motion to dismiss a complaint for construction of the will of Fleming G. Railey, deceased.

This litigation originally began when Lilburn R. Railey, Jr. a beneficiary of a trust created by the will, filed a petition, ultimately amended, in the Circuit Court of Dade County, Florida. In Count One Railey sought a construction of the terms of one of the trusts created by the will...

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