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GUILLIAMS v. FIRST NATIONAL BANK OF LEESBURG

No. 68-448.

229 So.2d 633 (1969)

Agnes GUILLIAMS and Clyde Guilliams, Her Husband, Appellants, v. The FIRST NATIONAL BANK OF LEESBURG, Leesburg, Florida, a Corporation Existing under the National Banking Laws of the United States, As Executor of the Last Will and Testament of Louise Smith, Deceased, and the First State Bank and Trust Co., Eustis, Florida, a Corporation, As Administrator, C.T.A.D.B.N. of the Estate of Lavina M. Wandrey, Deceased, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied January 14, 1970.

Attorney(s) appearing for the Case

C. Vernon Mize, Jr., of Cleveland & Mize, Sanford, for appellants.

P.C. Gorman, Leesburg, and Irving F. Morse, Clermont, for appellee, The First Nat. Bank of Leesburg, as executor.

LILES, Judge.

Defendants have appealed from an adverse summary judgment in the trial court holding that they do not hold any interest in a 14-acre citrus grove which formerly belonged to one Lavina E. Wandrey. Defendants had claimed ownership to this grove through the will of Mrs. Wandrey.

Paragraph eight of Lavina E. Wandrey's last will provides in pertinent part as follows:

"I give, bequeath and devise to my sister, LOUISE SMITH, all of my real...

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