29 Fla. 299 | Fla. | 1892
On the 20th day of January, 1882, John L. McDer
John E. Thompson, as executor, answered. Testimony was taken and the cause submitted to the chancellor, and a final decree therein was rendered in the court below on tbe 24th of April, 1882, setting aside the will and declaring it to have been revoked because of the fact that it was made by the testatrix prior to her second marriage, devising all of her property to children by a former marriage, and having had issue of a son by her second marriage with McDermott wdio was not provided for by said will. From this decree the cause was appealed to this court, and this court at the January Term, 1883, rendered a decision therein (19 Fla., 852) reversing the decree of the court below because of the failure to make the minor children of Olivia Gibbons by her first marriage parties to the suit by proper service upon them of process in the cause, and because of the want, of proper answer for such minors through a guardian ad litem. In the former decision of this court in the cause it was distinctly de • cided that the subpoena in the cause should be served