FRANCIS GOERTNER
v.
ELIZABETH W. GARDINER

Fla. | 1936-12-05
Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.
126 Fla. 412 Florida Supreme Court (1936) Positive Treatment
Also reported at: 170 So. 844
Cited by 3 cases
Other
Per Curiam.

*413On Petition for Rehearing.

Per Curiam.

The petition for rehearing herein has been examined. We see no reason for modifying or receding from our opinion heretofore filed except to say that nothing contained therein was intended to adjudicate or to express any view as to whether or not Francis Gardiner was or was not divorced from Rose Goertner. The fact vel'non of such a divorce is an open question.

Rehearing denied.

Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.

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  • Tarsagian v. Watt, 402 So. 2d 471 (Fla. 3d DCA 1981)
    …ill occupies a confidential relationship with the testator and is active in procuring the contested will,” see In re Estate of Carpenter, supra, at 701, was properly invoked. The holding of Goertner v. Gardiner, 125 Fla. 477, 170 So. 112, reh. den., 126 Fla. 412, 170 So. 844 (1936), that the confidential relationship which exists between a husband and wife is not one which may be considered in the law governing will contests, accord, In re Estate of Knight, 108 So. 2d 629 (Fla. 1st DCA 1959), is, in our vie…

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