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CENTRAL NATIONAL BANK OF RICHMOND v. KELLEY

Nos. 71-604, 71-606.

253 So.2d 141 (1971)

The CENTRAL NATIONAL BANK OF RICHMOND, As Executor of the Estate of Phil Errington Trimmer, Jr., Deceased, and Insurance Company of North America, a Corporation, Appellants, v. Theo W. KELLEY, As Executor of the Estate of Roland Bev Kelley, Deceased, Appellee. The CENTRAL NATIONAL BANK OF RICHMOND, As Executor of the Estate of Phil Errington Trimmer, Jr., Deceased, and Insurance Company of North America, a Corporation, Appellants, v. FIRST AND MERCHANTS NATIONAL BANK, Richmond, Virginia, As Guardian of Daniel J. Kelley, Stephen G. Kelley and Eric H. Kelley, Appellees.

District Court of Appeal of Florida, Third District.

October 5, 1971.

Attorney(s) appearing for the Case

Fleming, O'Bryan & Fleming and Thomas B. Mimms, Jr., Fort Lauderdale, for appellants.

Colson & Hicks, Podhurst, Orseck & Parks, Miami, for appellees.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

CARROLL, Judge.

On January 19, 1969, Roland Bev Kelley and Phil Errington Trimmer, Jr. perished as a result of the crash of a small aircraft in the Atlantic Ocean approximately one mile off the coast of Florida. Both men were residents of the State of Virginia. Trimmer was piloting the aircraft and Kelley was the passenger therein.

A wrongful death action was filed in the circuit court of Dade County by Theo W. Kelley as executor of the estate of Roland Bev...

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