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MILLS v. BALL

No. DD-241.

344 So.2d 635 (1977)

William B. MILLS, As Trustee under the Last Will and Testament and Codicils Thereto of Alfred I. DuPont, Deceased, Appellants, v. Edward BALL et al., Appellees.

District Court of Appeal of Florida, First District.

April 15, 1977.

Attorney(s) appearing for the Case

Arthur W. Milam, John H. Wilbur and Christine Rieger Milton, of Milam & Wilbur, Jacksonville, for appellant.

William L. Durden and Fred H. Kent, of Kent, Sears, Durden & Kent, Jacksonville, for appellees Ball, Belin, Coldewey, Thornton, and Bank.

E. Earle Zehmer, of Bedell, Bedell, Dittmar & Zehmer, Jacksonville, for appellee Dent.

John J. Schickel, Asst. State Atty., for appellee Austin.

Claude Ogilvie, Jacksonville, for appellee The Nemours Foundation.

McCORD, Acting Chief Judge.

This is an interlocutory appeal from an order denying appellant's motion to dismiss. We affirm denial of the motion to dismiss but reverse as to certain rulings of the trial judge contained therein.

This action originally began on August 6, 1971, with the filing on behalf of the trustees under the Last Will and Testament and Codicils thereto of Alfred I. duPont and the Nemours Foundation of a "Petition to Construe Will and to Instruct...

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