Wade v. Lewis

THOMAS, Justice.

The court granted a petition for certiorari under Sec. 4, Art. V, of the Constitution, F.S.A., to determine whether or not a decision of the District Court of Appeal, Third District, is in direct conflict with former decisions of this court on the same point of law, a situation that is made prima facie to appear in the petition.

The facts as they appear in the stipulation of counsel filed in the county judge’s court for the parties litigant are simple. One Helen L. Weiss died 24 April 1956 leaving a last will and testament by which she devised, after certain bequests not…