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FIRST AMERICAN NATIONAL BANK v. DeWITT

511 S.W.2d 698 (1972)

FIRST AMERICAN NATIONAL BANK, Appellee, v. John H. DeWITT, Jr., et al., Appellants.

Court of Appeals of Tennessee, Middle Section.

Certiorari Granted September 4, 1973.

Affirmed June 17, 1974.

Attorney(s) appearing for the Case

Henry Goodpasture, Robert E. Parker, Goodpasture, Carpenter, Woods & Sasser, Nashville, for appellee.

MacLin P. Davis, Jr., Waller, Lansden, Dortch & Davis, Joseph G. Cummings, Boult, Cummings, Conners & Berry, Nashville, for defendant, Protestant Orphanage Foundation, Inc.

Ward DeWitt, Jr., Trabue, Minick, Sturdivant & Harbison, Nashville, for appellants.

Certiorari Granted by Supreme Court September 4, 1973.

Affirmed by Supreme Court June 17, 1974.

OPINION

SHRIVER, Presiding Judge.

THE CASE

Complainant, First American National Bank, Trustee under the Will of Dr. Paul DeWitt, deceased, filed a declaratory judgment action seeking instructions as to whether a certain portion of the residue of Dr. DeWitt's estate should be distributed to the Protestant Orphanage Foundation, Inc., or...

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