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IN THE CIRCUIT COURT, NINETEENTH-
JUDICIAL COURT, IN AND FOR ST.
- LUCIS COUNTY, FLORIDA.
CASB N0. 80-295-CA '
T. J. McPARTLAND, JR., _
as Trustee of The Edwin
Binney Heirs-Trust, II, -
Plaintiff,
vs.
DOROTHY BINNEY PALMER, r -
et -al. , -
Defendants.
O R D E R
- This cause came on to be heard upon final hearing before
-the Court commencing at 9-:00 a.m. on Wednesday, September 10,
1980, based upon the Complaint for Declaratory Judgment and
r th we`r~ iled n response thereto. This Court, in its
J -~6rdnr t re August 28, 1974, in Case No. 74=254-CA
between the ame parties, reserved jurisdiction for'the pur-
n
pose of .considering and ruling on any proposed distribution -
of principal from the corpus of the Trust herein involved.
~ The Court heard the testimony of T. J. McPartland, Jr.,
the Trustee of The Edwin Binney Heirs Trust, II (executed _
July 20, 1970), received into evidence a copy of said Trust
and a copy of the Amendment to Agreement and Declaration of
Trust dated July 20, 1970, said Amendment being entered into
on April 23, 1980. The Court took judicial notice of the
Declaratory Judgment entered by this Court on August 28, 1974,
~~S
Case No. 74-254-CA, betwe same parties, copy o~ which
is attached to the Complaint as Exhibit "B," and the Order
~ Appointing Guardian ad Litem entered by this Court on
March 22, 1974 in said Case No. 74-254-CA, copy of which is
~ attached to the Complaint as Exhibit "C." The Court heard
and considered the argument of counsel for Plaintiff and the
X338 P~i~30