Palmquist v. Johnson

ADAMS, J.:

A bill in equity was filed by appellant to remove a cloud on title to real estate.

The bill was dismissed because it showed on its face that appellant was claiming the property as the sole heir of her deceased mother and as sole devisee under her -mother’s will; that the will had never been probated; that no administrator had been appointed and no order had been entered dispensing with an administration of the mother’s estate.

Did the will then show any right in appellant to bring the suit? Surely no right can be asserted under the will before probation. Murphy v. Murphy, 125 Fla.…