Judges: PER CURIAM. —
Attorneys: Jackson, Dupree Cone, for Appellant;
W. D. Avra, for Appellee, C. M. Cox.
Filed: May 03, 1930
Latest Update: Mar. 02, 2020
Summary: Peter Fasel died testate in July, 1927. His will was probated. Appellee, William Roger Watkins, qualified as executor of the estate of said decedent. The widow dissented from the will and elected to take a child's part in the estate of her deceased husband. An asset of the estate consisted of a mortgage and notes thereby secured made by the executor to Peter Fasel during his lifetime upon lands in Hillsborough County. The executor being adversely interested, the court below made an order appoint
Summary: Peter Fasel died testate in July, 1927. His will was probated. Appellee, William Roger Watkins, qualified as executor of the estate of said decedent. The widow dissented from the will and elected to take a child's part in the estate of her deceased husband. An asset of the estate consisted of a mortgage and notes thereby secured made by the executor to Peter Fasel during his lifetime upon lands in Hillsborough County. The executor being adversely interested, the court below made an order appointi..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and decreed by the Court that the decree of the Court below should be, and the same is hereby, reversed, and the cause remanded with directions to the court below to enter an order vacating and annulling the final decree and dismissing the bill of complaint without prejudice.
TERRELL, C. J., AND WHITFIELD, ELLIS, STRUM, BROWN AND BUFORD, J. J., concur.
