Judges: TERRELL, Justice.
Attorneys: Coxe Stephens, of St. Augustine, and Bedell Bedell, of Jacksonville, for appellant.
Frank D. Upchurch of St. Augustine, and Rogers, Towers
Bailey, of Jacksonville, for Adele Hart Barret, executrix.
David R. Dunham, of St. Augustine, for Vestry of Trinity Church of St. Augustine.
Filed: Jan. 21, 1949
Latest Update: Mar. 02, 2020
Summary: Proceeding by M.L. Stephens, as executor of the first of two wills of Marie L. Buckner Barret, deceased, and another, for revocation of the probate of the second will and for probate of the first will. From a decree affirming a probate court order dismissing the petition as to the executor on the motion of Adele Hart Barret, as executrix under the second will, the executor appeals. Affirmed. Marie L. Buckner Barret died in St. Augustine, Florida, April 5, 1947. On March 1, 1946 she executed her
Summary: Proceeding by M.L. Stephens, as executor of the first of two wills of Marie L. Buckner Barret, deceased, and another, for revocation of the probate of the second will and for probate of the first will. From a decree affirming a probate court order dismissing the petition as to the executor on the motion of Adele Hart Barret, as executrix under the second will, the executor appeals. Affirmed. Marie L. Buckner Barret died in St. Augustine, Florida, April 5, 1947. On March 1, 1946 she executed her w..
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Since the conclusion of this Court is that the County Judge did not err in admitting the second will to probate, it is of no material consequence what errors, if any, were committed by the County Judge in denying a "motion to strike" petition to probate the first will. The County Judge's act in denying such motion seems correct but, even if error, was harmless.
HOBSON, J., concurs.
