LEONARD v. BROWNE

No. C-464.

134 So.2d 872 (1961)

Mary Martha LEONARD, single, Appellant, v. Edna Corbett BROWNE, individually, and as Executrix of the Estate of J.H. Corbett, deceased, and Dona Corbett, deceased, Sibyl Corbett Bennett, individually, and as Executrix of the Estate of J.H. Corbett, deceased, and Dona Corbett, deceased, Van B. Bennett, Pauline Corbett Parker and her husband, Grady Parker, and Olivi Corbett Tindall, a widow, and The Continental Can Company, Incorporated, a corporation organized and existing under the laws of the State of New York and qualified to do business in the State of Florida, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied December 12, 1961.


Attorney(s) appearing for the Case

C.A. Avriett, Jasper, J.B. Hodges, Lake City, and Emmett A. Moran, So. Miami, for appellant.

Brannon, Brown, Norris & Vocelle, Lake City, and Adair, Ulmer, Murchison, Kent & Ashby, Jacksonville, for appellees.


STURGIS, Judge.

This is an appeal from an order in chancery which, upon motion of certain defendants, finally dismissed the complaint herein for failure to state a cause of action.

It is elemental that in passing on such motion all well-pleaded ultimate facts alleged by the complaint are to be taken as true. On that premise, it is made to appear: Plaintiff is one of five children and devisees of J.H. Corbett and Dona Corbett, who died testate prior to the...

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