In Re: Estate of John Stephan

(dissenting). — This is an' appeal from an order of the Circuit Court affirming an order of the County Judge construing the provisions of a will.

Certain persons, as heirs at law of John Stephan, deceased, filed their amended petition in' the County Judge’s Court of Dade County, praying that the Court construe the last will and testament of John Stephan, deceased.

The amended petition contains the facts relied on, all of which were admitted by the answer except (1) the allegation that petitioners are heirs at law of John Stephan, deceased, about which the answer stated defendants were not…