Cone v. Benjamin

CHAPMAN, J.:

The record here discloses that Harrison J. Stewart and wife, Ada Cone Stewart, were an aged and childless couple residing in Pinellas County, Florida, and were killed in an automobile collision with a train on the 28th day of January, 1931. The husband died about one hour prior to the wife and each left a will wherein the other was made the sole beneficiary. The two wills were admitted to probate in Pinellas County, Florida.

On February 11, 1931, letters testamentary were issued by the County Judge’s Court of Pinellas County to Roy L. Benjamin upon the estate of Harrison J.…