De Mello v. De Mello

OPINION OF THE COURT BY

KEMP, J.

Jobn J. De Mello, the surviving husband of Maria Julia De Mello, after the death of his said wife filed a bill in the circuit court of the first circuit against the executor of his said wife’s will, her five surviving children and the issue of a deceased child to declare a trust in petitioner’s favor in certain real estate standing in the name of his deceased wife at the time of her death. It is alleged and admitted that petitioner married his said wife on the 18th day of November, 1910; that at said time he was a widower and she a widow; that he had nine…