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YARBOROUGH v. KILBEE

Nos. 73-864, 73-1231 and 74-411.

307 So.2d 223 (1975)

Edward YARBOROUGH, As Executor of the Last Will and Testament of William G. Kilbee, Deceased, and Individually, Appellant, v. Raymond L. KILBEE, As Trustee under the Last Will and Testament of E. H. Kilbee, Deceased, and Individually, et al., Appellees. Edward YARBOROUGH, As Executor of the Last Will and Testament of William G. Kilbee and Edward Yarborough, Individually, Appellant, v. Raymond L. KILBEE, etc., et al., Appellees. Edward YARBOROUGH, As Executor of the Last Will and Testament of William G. Kilbee, Deceased, and Individually, Appellant, v. Raymond L. KILBEE, etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 20, 1975.

Attorney(s) appearing for the Case

Geo. A. Speer, Jr., of Speer & Speer, P.A., Sanford, and Monroe E. McDonald, of Sanders, McEwan, Mims & McDonald, Orlando, for appellant.

S. Lindsey Holland, Jr., of Crofton, Holland, Starling, Harris & Severs, P.A., Melbourne, and John J. Donnelly, Geneva, for appellees.

DOWNEY, Judge.

We have for review three consolidated appeals arising out of litigation which involves (a) the dissolution of a family cattle partnership and a division of the assets of the partnership, and (b) claims for a partition of real property and for the imposition of a trust.

In 1940 E.H. Kilbee and his oldest son, W.G. Kilbee, commenced a stock cattle partnership business. At that time the father had a herd of cattle branded "K" and marked Crop Upper...

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