PRESTON v. CITY NATIONAL BK. OF MIAMI

Nos. 71-527, 71-533, 71-534.

258 So.2d 823 (1972)

Ernice Shirley Weinkle PRESTON, Appellant, v. CITY NATIONAL BANK OF MIAMI, a National Banking Corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

March 7, 1972.


Attorney(s) appearing for the Case

Snyder, Young & Stern, North Miami Beach, Barrett, Diliberto & Estrumsa, Miami, for appellant.

Frates, Floyd, Pearson & Stewart, Fowler, White, Humkey, Burnett, Hurley & Banick, Daniel Neal Heller, Miami, for appellees.

Before SWANN, C.J., and CHARLES CARROLL, J., and SACK, MARTIN, Associate Judge.


PER CURIAM.

This appeal is by the plaintiff below from an order granting motions of defendants to dismiss, and dismissing the complaint with prejudice, and denying plaintiff's application for leave to file an amended complaint. We find error, and reverse.

The complaint, filed February 24, 1971, showed that in 1946 plaintiff's mother executed an irrevocable trust by a written instrument. Thereunder $48,000 was placed in trust, with provision for the income...

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