Sankar v. State Book Reviews

Sankar v. State by District Court of Appeal of the State of Florida Fourth District January Term 2006 Book Summary

A son, alleged to have been born after the execution of the will of his father, which made no provision for after-born children, and which left the entire estate to his wife, brought suit in ejectment against those purchasing for value from antecedent purchasers for value under a foreclosure against the mother, on the faith of the probate in solemn form of said will after the child had been made a party to the probate proceeding by the appointment of a guardian ad litem, who by his answer in that proceeding stated that after investigation he knew of no legal reason why the will should not be proven as prayed. Embodied in the petition for probate by the person nominated as executor were allegations as to the date of the will, the age of the son, and the date of the death of the testator, which taken together would amount to an averment by the petitioner for probate that the child was born after the execution of the will. The judgment of the court of ordinary probating the will in solemn form was set aside in a proceeding instituted several years after the probate, but long after the innocent purchasers had already acquired title on the faith of such judgment. The court sitting as both Judge and jury under an agreed statement of facts found in favor of the defendant, to which judgment the plaintiff in the ejectment suit excepts. Held :

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