Fla. Bank Trust Co. at W. Palm Beach v. Field

ADAMS, J.:

Under Rule 34 we review an order overruling a motion to dismiss a bill in equity. The bill seeks specific performance of a contract for the sale of real estate.

Plaintiff in the bill for specific performance relies for his contract on the written application made and filed in the probate court wherein it is alleged that:

"... Florida Bank and Trust Company at West Palm Beach, has been duly appointed as ancillary administrator cum testamento annexo of the above Estate, has duly qualified and is now the duly qualified and acting ancillary administrator cum testamento annexo of said…