Lucian v. Southern Ohio Savings Bank & Trust Co.

My attention has been called to certain factual errors contained in my former opinion filed in this case on July 20th, 1945, originally written as a dissenting opinion, and the same has been withdrawn with the permission of the Court, and, with due apologies, this rewritten opinion is submitted in its stead.

This is an appeal from a final decree rendered by the Circuit Court of Dade County on June 19, 1944, in favor of the plaintiff, appellee here, as executor of the estate of William S. Burkhart, deceased, which decree annulled and set aside a former decree of said court rendered on June 10,…