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BARNETT FIRST NAT. BANK, ETC. v. COBDEN

No. 80-499.

393 So.2d 78 (1981)

BARNETT FIRST NATIONAL BANK OF JACKSONVILLE, Florida, Appellant, v. Edward A.M. COBDEN, John P. Turney, and Ann Graham Nugent, Appellees.

District Court of Appeal of Florida, Fifth District.

February 4, 1981.

Attorney(s) appearing for the Case

David F. Vedder of Wells & Vedder, Daytona Beach, for appellant.

Harold C. Hubka of Black, Crotty, Sims & Hubka, Daytona Beach, for appellees.

FRANK D. UPCHURCH, Jr., Judge.

The Barnett First National Bank of Jacksonville appeals from a final order appointing a successor trustee for the John M. Cobden trust. We reverse.

The will of John M. Cobden, who died in November of 1979, contained a testamentary trust. A codicil to the will appointed Elizabeth Nugent Cobden (decedent's wife) and Edward A.M. Cobden (decedent's brother) as co-trustees and further stated:

Should either of said Executors...

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