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SWAN v. FLORIDA NAT. BANK OF MIAMI

No. 83-119.

445 So.2d 622 (1984)

Edward P. SWAN, As Personal Representative of the Estate of Mary Layman Gibson, Deceased, Appellant, v. FLORIDA NATIONAL BANK OF MIAMI, As Personal Representative of the Estate of Richmond T. Gibson, Deceased, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 12, 1984.

Attorney(s) appearing for the Case

Jeanne Heyward, Richard Touby, Miami, for appellant.

Hendricks & Hendricks and Ben E. Hendricks, Coral Gables, for appellees.

Before HENDRY, BASKIN and JORGENSON, JJ.

BASKIN, Judge.

Colonel Gibson and Mrs. Gibson executed mutual wills. Colonel Gibson's will provided that should he be predeceased by his wife, his estate, including real property in Coral Gables, would become part of a trust established in his wife's will. Mrs. Gibson predeceased the Colonel. Although Mrs. Gibson's original will contained a testamentary trust, she subsequently executed five wills which omitted the testamentary trust. After the Colonel's death, the...

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