62 Fla. 468 | Fla. | 1911
— Juanita Easterlin, by her next friend, Joe O’Bannon, filed her petition in the County Judge’s Court, sitting as a court of probate, in and for Alachua County, in which she alleged that George W. Easterlin, her father, on the 12th day of January, 1909, executed a certain instrument in writing purporting to be his last will and testament, and afterwards, on the 16th day of December, 1910, departed this life, leaving as his heirs at law and legal representatives the petitioner, and Mrs. Bessie Godwin, his daughters, and Ada Easterlin, his widow. It is further alleged therein that the testator bequeathed and devised all of his estate, both real and personal, to his daughter, Bessie Godwin, Ada Easterlin
“And as to my worldly estate and all the property, real, personal or mixed, of which I shall die seized or possessed, or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the manner following, to-wit:
1st: My will is, that all my just debts and funeral charges shall, by my executrix hereinafter named, be paid out of my estate, as soon after my decease as shall by her be found convenient.
2nd: I give, devise and bequeath to my daughter, Bessie Godwin, the following described real estate lying and being situated in Alachua County and State of Florida, to-wit: The southwest quarter of the northeast quarter and west half of the southeast quarter and southwest quarter of southeast quarter, northwest quarter, and north half of northeast quarter of northwest quarter of
3rd: I give, devise and bequeath to my niece, Callie Easterlin Fournia, daughter of Charles B. Easterlin, deceased, all the following described real estate lying and being situated in the county of Alachua and State of Florida, to-wit: The Central one-third of the southwest quarter of Section twenty-eight, township seven, south of range eighteen east, and the central one-third of the northwest quarter of section thirty-three, township seven, south of range eighteen east, being the part of the Richardson land purchased by me from Sam Richardson.
4th: All the rest and residue of my estate, real, personal or mixed of which I shall die seized and possessed, or to which I shall be entitled at time of my decease, I give, devise and bequeath to my beloved wife, Ada Easterlin.”
To this petition Ada Easterlin, as executrix, interposed a demurrer upon the following grounds:
“1st: That there is no sufficient ground alleged in said petition for revoking the will of the said George W. Easterlin.
2nd. Because the said Juanita Easterlin was living about six months before the said George W. Easterlin died.
3rd: Because there is no equity in said petitioner.”
This demurrer was sustained by the county judge and from the judgment rendered by him the petitioner entered her appeal to the Circuit Court, in accordance with the provisions of Section 1710 of the General Statutes of 1906. The Circuit Court affirmed the judgment of the county judge, and the petitioner has appealed from the judgment of the Circuit Court to this court, as is also provided by such section.
The order must be affirmed.