Judges: PER CURIAM. —
Attorneys: J. P. Lamb, for Appellant;
Hilburn Merryday, for Appellees.
Filed: Jun. 18, 1925
Latest Update: Mar. 02, 2020
Summary: This appeal is from an order sustaining a demurrer to a bill in chancery for partition of land. *Page 48 The bill in substance alleges that the complainant is the adopted daughter of Lewis B. Bailey, deceased; that he left surviving him at the time of his death his widow, Mira F. Bailey, and the complainant; that he left a will by which he attempted to dispose of all the property of which he died seized, by devising $500 to complainant and devising and bequeathing the residue of his property to
Summary: This appeal is from an order sustaining a demurrer to a bill in chancery for partition of land. *Page 48 The bill in substance alleges that the complainant is the adopted daughter of Lewis B. Bailey, deceased; that he left surviving him at the time of his death his widow, Mira F. Bailey, and the complainant; that he left a will by which he attempted to dispose of all the property of which he died seized, by devising $500 to complainant and devising and bequeathing the residue of his property to h..
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The allegations as to the homestead character of the property are sufficient as a basis for proofs. If under the particular facts of the case it is inequitable for the complainant, an adopted child, to claim against the testator's will and at the same time to demand or retain legacies under the will, such matters may be presented and adjudicated in further proceedings. See Palmer v. Palmer, 47 Fla. 200, text 205,35 South. Rep. 983.
Rehearing denied.
WEST, C. J., AND WHITFIELD, TERRELL AND STRUM, J. J., concur.
