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HARRELL v. FLORIDA FIRST NAT. BANK OF JACKSONVILLE

No. FF-117.

354 So.2d 420 (1978)

J.W. HARRELL, Appellant (Plaintiff), v. FLORIDA FIRST NATIONAL BANK OF JACKSONVILLE, a Corporation, As Executor of the Estate of Elmo M. Pearce, Deceased, Appellee (Defendant).

District Court of Appeal of Florida, First District.

Rehearing Denied February 21, 1978.

Attorney(s) appearing for the Case

Charles Cook Howell, Jr., Jacksonville Beach, for appellant.

Michael K. Sapp, of Rogers & Fisher, Jacksonville, for appellee.

MILLS, Judge.

This is an interlocutory appeal by plaintiff, Harrell, from a partial summary judgment entered in favor of defendant, Executor, in a declaratory judgment action seeking construction of an oral trust created by Pearce and of which Harrell was trustee.

Harrell contended the trust was created for the benefit of Pearce's grandson, Hodges, now deceased, and as security for legal fees due him from Pearce...

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