Klein v. Werner

—C. W. Klein of Tampa, Florida, executed his will November 9, 1933, and died on about July 11, 1936. He named Walter T. Werner and the Exchange National Bank of Tampa as executors of his estate but the Exchange National Bank renounced its right to and declined to qualify as such executor. His widow, Marie Klein, filed her caveat objecting to the probate of the will and on September 11, 1936, Walter T. Werner, the other executor, filed his petition for probate of the will as required by Chapter 16103, Acts of 1933, better known as the Probate Act.

Marie Klein in due course filed her answer and…