Succession of Formby

On Rehearing

HAMITER, Justice.

After further consideration of the instant cause the majority of the members of this court have concluded (with respect to the two primary questions presented) that: (1) in the will involved Mrs. Formby, the testatrix, intended that the donation made by her was to compensate her son, John Dixie Formby, for all services rendered up to the time of her death, which bequest is not prohibited by law; and (2) the services performed by the named son were sufficient to support the donation as a remunerative one against the claims of the other forced heirs.

Regarding the…