In re Estate of Herlan

BARNS, PAUL D., Justice

(Retired) dissenting.

The decision of the lower court In Re: Herlan’s Estate, Fla.App., 191 So.2d 276, does not appear to be in conflict with Shambow v. Shambow, 149 Fla. 278, 5 So.2d 454, or Edmonson v. Frank J. Rooney, Inc., Fla. App., 171 So.2d 566. In each of these two cases the executor or administrator either made a claim against the estate then under his administration or his interest was adverse to such estate; § 732.55, F.S.A. authorizes the appointment of an administrator ad litem under such circumstances.

In the case at bar, Walter A. Shelley was appointed as…