ZIMMERMAN, J.
The participating members of this court are unanimously of the opinion that the trial court erred to the prejudice of the appellant in striking the third defense of her answer, and that the Court of Appeals likewise erred in affirming such action. Such third defense, if proved, would establish a voluntary payment of the amount of the legacy, with knowledge of the facts, by one who, in her individual capacity, was not only the principal beneficiary of...
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