In Re the Estate of Darwin

OPINION ON PETITION TO REHEAR

LEECH, Special Justice.

The State has filed a petition to rehear in this case questioning that portion of the original opinion wherein we remanded the cause to the Probate Court of Putnam County to determine in part whether the plea of laches which was pretermitted in that court can be applied. We are not holding that laches will or will not apply in this case because the lower court has not yet made a factual determination as to laches on the facts. We have, in essence, merely restated what Mr. Justice Humphreys said in Cox v. State, 222 Tenn. 606, 439 S.W.2d 267…