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FIRST NATIONAL BANK IN ST. PETERSBURG v. COOPER

No. 71-110.

266 So.2d 191 (1972)

The FIRST NATIONAL BANK IN ST. PETERSBURG, Administrator Cum Testamento Annexo of the Estate of Stanley C. Minshall, Deceased, et al., Appellants, v. Ursula G. COOPER and Elva W. Minshall, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 27, 1972.

Attorney(s) appearing for the Case

Arthur J. Nelson, of Nelson, Beckett, Nelson & Thomas, St. Petersburg, for appellant, The First National Bank in St. Petersburg.

Ulmer, Woodworth & Jacobs, St. Petersburg, for appellants, Marion Margaret Lucciola and Dorothy J. Collins.

J.D. Hobbs, Jr., St. Petersburg, for appellee, Elva W. Minshall.

PER CURIAM.

This appeal presents a question which has not been ruled upon in this jurisdiction. Viz: When a prospective bridegroom is the sole obligor on a note secured by a mortgage on real estate; he subsequently takes a wife and transfers title to the property into himself and his wife creating an estate by the entireties whereby the wife does not assume the indebtedness; he passes away prior to satisfying the note; is...

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