WAKEMAN GRIFFIN GRIBBEL, ET AL., AS EXECUTORS, ETC.,
v.
T. N. HENDERSON JR., ET AL.
ON REHEARING GRANTED
A rehearing having been granted and the Court having heard oral argument and further considered the record and briefs, it is ordered that we now adhere tó our former judgment.
*398TERRELL, BROWN, CHAPMAN, THOMAS and ADAMS, JJ., concur. '
BUFORD, C. J., dissents.
SEBRING, J., not participating.
dissenting:
On reconsideration of this case, I do not think that the allegations of the bill of complaint are sufficient to show chat the defendant-Executors under the Gribbel will are barred from pleading the statute of non-claim. It is my opinion that the plea of non-claim either presented an issue with the burden of proof on the defendant, or else presented a condition requiring amendments to the bill of complaint as replications are no longer available.
So the order striking the plea should be quashed.
BUFORD, C. J.,
dissenting:
On reconsideration of this case, I do not think that the allegations of the bill of complaint are sufficient to show chat the defendant-Executors under the Gribbel will are barred from pleading the statute of non-claim. It is my opinion that the plea of non-claim either presented an issue with the burden of proof on the defendant, or else presented a condition requiring amendments to the bill of complaint as replications are no longer available.
So the order striking the plea should be quashed.
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