Lewis v. Gaillard
Supreme Court of Florida
This case was decided by the court En Banc. Appealed from the Circuit Court for Leon County. Statement. This appeal is from an order overruling a demurrer to a bill of complaint.
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This case was decided by the court En Banc. Appealed from the Circuit Court for Leon County. Statement. This appeal is from an order overruling a demurrer to a bill of complaint. The bill as amended is as follows: “Rachel C. M. Gaillard, and Henry Gaillard, her husband, of the county of Duval, State of Florida, for themselves and for and on behalf of all the heirs and distributees of James D. Westcott, late of Leon county, Florida, deceased, and of his estate, bring this their bill of complaint against George Lewis, of Leon county, Florida, as executor of the last will and testament of said…
1Opinion of the CourtCockrell, J.
(after stating the facts) — This case is not without difficulty, and depends upon the proper solution *840of two problems, which may be stated thus: Did the Legislature of 1905, in declaring “abolished” the “West Florida Seminary now known as the Florida State College, located at Tallahassee, Chapter 5384 Laws of Florida, ipso facto vest in the Westcott heirs the title to the residuary estate, so that the immediate re-establishment under that act of the same institution, would not prevent the lapse; and, secondly, if that be not its effect, are the changes in the existing college so material as…
2Cases cited6 opinions
- State v. BryanSupreme Court of Florida · 1905
- Harrington v. PierWisconsin Supreme Court · 1900
- SchoulerMassachusetts Supreme Judicial Court · 1883
- Hoeffer v. CloganIllinois Supreme Court · 1898
- Moran v. MoranSupreme Court of Iowa · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sheldon v. PowellSupreme Court of Florida · 1930
- Valley Savings Bank v. Penn CollegeSupreme Court of Iowa · 1944
- Lewis v. GaillardSupreme Court of Florida · 1915
- Hodge v. WellmanSupreme Court of Iowa · 1920
- Wachovia Bank & Trust Co. v. Board of National Missions of Presbyterian Church in United StatesSupreme Court of North Carolina · 1946
7 more not listed; retrieve them via the Exa API.