Judges: PER CURIAM. —
Attorneys: W. W. Whitehurst, S.D. Williams, Mabry, Reaves, Carlton White and Doyle E. Carlton, for Appellants;
Treadwell Treadwell, for Appellee.
Filed: Feb. 09, 1935
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 250 It appears that on October 11, 1933, John Collier executed a last will and testament by which it is provided that he devised and bequeathed to his wife "one-third *Page 251 of all the real and personal property of every kind and description and wheresoever situated of which I may die seized and possessed, exclusive of my homestead." To his living daughter
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 250 It appears that on October 11, 1933, John Collier executed a last will and testament by which it is provided that he devised and bequeathed to his wife "one-third *Page 251 of all the real and personal property of every kind and description and wheresoever situated of which I may die seized and possessed, exclusive of my homestead." To his living daughter ..
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This cause having been orally argued before the Court en banc
on rehearing granted, and the opinion of this Court filed February 9, 1935, and March 16, 1935, having been closely and carefully re-examined in connection with the record, briefs and arguments of the parties presented upon the reargument and rehearing had as aforesaid, it seems to the Court that there is no error of law or fact in the opinions of this Court heretofore adopted and filed in this cause, and that therefore the judgment of reversal as hereinbefore entered by this Court on February 9, 1935, should be adhered to and allowed to stand as the judgment of the Supreme Court in the premises, and it is thereupon so ordered.
Judgment of reversal adhered to on rehearing, and cause remanded for further appropriate proceedings not inconsistent
with the opinions of the Court herein filed on February 9, 1935, and on March 16, 1935.
WHITFIELD, C. J., and ELLIS, BROWN, BUFORD and DAVIS, J. J., concur.
