Brown v. Avery ex rel. Avery
Supreme Court of Florida
Appealed from the Circuit Court for Escambia County. Statement. The following instrument with due proof of the execution thereof, was filed with the County Judge of Escambia County and offered for probate as the last will and testament of Emily C. Wright, deceased: “I, Emily C. Wright, of the City of Pensacola, State of Florida, being of sound mind and memory, do make and publish this, my last Will and Testament, revoking all others: — ■ 1. I give and bequeath to Cornelia…
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Appealed from the Circuit Court for Escambia County. Statement. The following instrument with due proof of the execution thereof, was filed with the County Judge of Escambia County and offered for probate as the last will and testament of Emily C. Wright, deceased: “I, Emily C. Wright, of the City of Pensacola, State of Florida, being of sound mind and memory, do make and publish this, my last Will and Testament, revoking all others: — ■ 1. I give and bequeath to Cornelia Scriven Brown all of my stock in the First National Bank of Pensacola, and direct that the same remain in the possession…
1Opinion of the Court
Shackleford, J.,
(after stating the facts.) — There is no contention over that portion of the order admitting to probate the paper bearing date the 7th day of January, 1911, as the will of Emily C. Wright, deceased. The question which we are called upon to answer is was the paper bearing date the 27th day of June, 1911, properly admitted to probate as a Codicil to such will ? It is conceded that such paper could have no force or effect as to the real estate which it attempts to devise, for the reason that it was not executed in accordance with the requirements of Section 2272 of the General…
2Cases cited20 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Lines v. DardenSupreme Court of Florida · 1853
- Heaston v. KriegIndiana Supreme Court · 1906
- In re Kennedy's EstateMichigan Supreme Court · 1910
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3Cited by20 opinions
- Brickell v. TrammelSupreme Court of Florida · 1919
- Martin v. Dade Muck Land Co.Supreme Court of Florida · 1928
- Newman v. SmithSupreme Court of Florida · 1918
- Capital City Bank v. HilsonSupreme Court of Florida · 1912
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
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