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IN RE ESTATE OF MOLLARD

No. A-12.

101 So.2d 880 (1957)

In re ESTATE of Mary Mitchell MOLLARD, Deceased. John Thorne MOLLARD, Executor, Appellant, v. Emily L. AUSTIN, Appellee.

District Court of Appeal of Florida. First District.

December 31, 1957.

Attorney(s) appearing for the Case

Adair, Ulmer, Morchinson, Kent & Ashby, Jacksonville, for appellant.

P. Donald DeHoff, Jacksonville, for appellee.

STURGIS, Chief Judge.

Appellee's petition for rehearing insists that Rule 2.7 (a), Florida Rules of Civil Procedure, 31 F.S.A., relates only to jury trials in actions at law, and not to probate proceedings, which traditionally are governed by the practice in equity. This is true since no comparable rule is spelled out in that phase of the rules dealing exclusively with suits in equity or in any statute or rule dealing specifically with probate proceedings.

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