Rivas v. Summers
Supreme Court of Florida
Appeal from the Circuit Court for Duval county.. STATEMENT. The bill was filed December 28th, 1886, by the appellee, and as amended, Joseph Rivas and Henry Koopman being defendants, shows that Charles Sum,mers, late of Duval county, died testate October 22nd*. 1862, and solvent, leaving a large estate, and naming-his widow as executrix, and that the will was admitted, to probate in Duval county, and she qualified as exec, utrix.
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Appeal from the Circuit Court for Duval county.. STATEMENT. The bill was filed December 28th, 1886, by the appellee, and as amended, Joseph Rivas and Henry Koopman being defendants, shows that Charles Sum,mers, late of Duval county, died testate October 22nd*. 1862, and solvent, leaving a large estate, and naming-his widow as executrix, and that the will was admitted, to probate in Duval county, and she qualified as exec, utrix. The will is annexed to the bill as a part thereof*,, and from it we-see that it directed that all the testator’s-debts be paid as soon as possible after his decease…
1Opinion of the Court
Raney, C. J.:
The sufficiency of the bill was not questioned in the -Circuit Court, but the bill was answered, and upon replication.being filed, testimony was taken by an examiner, and then there was a trial by referee, a decree in favor of complainant being reached without any objection being made to chancery as the forum; nor is the sufficiency of the bill, standing alone, brought in issue here; on the contrary, it is charged to have been so framed for the purpose of precluding any such controversy. The contention, however, of counsel for •appellant is that the facts presented by the answer…
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