Banfield v. Schulderman

On separate petitions by appellant and by respondents for a rehearing

PETITIONS FOR REHEARING DENIED

(3 P.2d 116)

Appellant has filed a petition for rehearing. In it he asserts that he is in possession of the real property belonging to the estate in his capacity as executor and not as an individual. The writer gained the opposite view from reading the record. At the time this record was made, the question of appellant's claim for a homestead had not been finally determined and yet he was occupying the property in Howe's addition. He testified that he lived upon the property in Franzetti's…