In Re: Alkire Estate, (1940)
Court: Supreme Court of Florida
Number:
Visitors: 2
Judges: CHAPMAN, J.
Attorneys: Millard B. Conklin, and Keen Allen, for Appellants;
John R. Parkinson, Attorney for Mattie J. Smith and DaCosta Smith, her husband.
W.M. Cobb, Attorney for First Atlantic National Bank of Daytona Beach, and P.W. Harvey for Emma Trammell, Appellees.
Filed: May 10, 1940
Latest Update: Mar. 02, 2020
Summary: The record in this case discloses that on September 8, 1936, there was filed in the County Judge's office of Volusia County, Florida, the last will and testament of Nicholas P. Alkire, with a petition for probate and for letters testamentary. An order was entered in the county judge's court admitting the said will to probate upon the affidavits of the attesting witnesses, viz.: Muriel O'Neill, Anna L. McKeever and William M. Cobb. The material portions of the said last will and testament are viz
Summary: The record in this case discloses that on September 8, 1936, there was filed in the County Judge's office of Volusia County, Florida, the last will and testament of Nicholas P. Alkire, with a petition for probate and for letters testamentary. An order was entered in the county judge's court admitting the said will to probate upon the affidavits of the attesting witnesses, viz.: Muriel O'Neill, Anna L. McKeever and William M. Cobb. The material portions of the said last will and testament are viz...
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I am inclined to the view that the decision in Klein v. Werner was in effect overruled by Mitchell v. Mitchell, both cases being cited above. Therefore, I am not at all convinced that the first ground of the petition for rehearing is tenable. But I do think the petition for rehearing should be granted on the second ground.
We have held in a number of cases that the conclusions of the Probate Court on conflicting evidence should not be disturbed on appeal to the Circuit Court unless the legal effect of the proof has been misapprehended or there is a lack of evidence to support the findings. See opinion of Mr. Justice THOMAS on rehearing in In Re: Donally's Estate, 137 Fla. 459,188 So. 108, and cases cited.
Source: CourtListener
