Weitzman v. Resolution Trust Corp.

ON MOTION FOR REHEARING

FARMER, Judge.

We withdraw our previous opinion and substitute the following in its place. In view of the slight correction made, we deny rehearing and rehearing en banc.

We reverse the trial court’s refusal to quash process and to dismiss for lack of jurisdiction. Briefly stated, the estate sued Michael Weitzman and Stephen Leon [defendants], claiming that shares of stock in a bank previously held in Weitzman’s name were in truth owned beneficially by the decedent. Defendants had no claim in the probate estate of the decedent; and, actually, the estate had earlier…