Gribbel v. Henderson

Supreme Court of Florida July 16, 1943

Gribbel v. Henderson, 14 So. 2d 809 (Fla. 1943)

153 Fla. 397; 1943 Fla. LEXIS 645

Terrell, Brown, Chapman, Thomas, Adams, Buford, Sebring

Dissenting Opinion

BUFORD, C. J.,

dissenting:

On reconsideration of this case, I do not think that the allegations of the bill of complaint are sufficient to show chat the defendant-Executors under the Gribbel will are barred from pleading the statute of non-claim. It is my opinion that the plea of non-claim either presented an issue with the burden of proof on the defendant, or else presented a condition requiring amendments to the bill of complaint as replications are no longer available.

So the order striking the plea should be quashed.

Opinion of the Court

ON REHEARING GRANTED

PER CURIAM:

A rehearing having been granted and the Court having heard oral argument and further considered the record and briefs, it is ordered that we now adhere tó our former judgment.

*398 TERRELL, BROWN, CHAPMAN, THOMAS and ADAMS, JJ., concur. ' BUFORD, C. J., dissents. SEBRING, J., not participating.

Reference

Full Case Name: WAKEMAN GRIFFIN GRIBBEL, Et Al., as Executors, Etc., v. T. N. HENDERSON JR., Et Al.
Status: Published