Howe v. MacDonald

Supreme Court of Florida July 18, 1941

Howe v. MacDonald, 3 So. 2d 724 (Fla. 1941)

147 Fla. 745; 1941 Fla. LEXIS 1361

Brown, Whitfield, Terrell, Chapman, Buford, Thomas, Adams

Opinion of the Court

Per Curiam.

This is our second consideration of this case. Howe v. MacDonald, et al., 141 Fla. 822, 194 So. 802. It is a companion case to Howe v. Samuel Sands, et al., decided this date, there being no difference in the factual background of the two cases except in this case the bill of complaint was filed by appellees praying that they be declared to be “servants” of James Deering, entitled to inherit under his will.

In all other respects, the facts and the questions raised are identical. The judgment appealed from is accordingly reversed on authority of the latter case.

Reversed.

Brown, C. J., Whitfield, Terrell and Chapman, J. J., concur. Buford and Thomas, J. J., dissent. Adams, J., not participating.

Reference

Full Case Name: Richard F. Howe, as Executor of the Estate of James Deering, Deceased, v. Emily MacDonald, as Executrix of the Estate of Andrew MacDonald, Deceased, and Marshall Charles
Status: Published