Opinion
October 17, 1952. Rehearing Denied December 12, 1952.
Appeal from the Circuit Court for Palm Beach County, C.E. Chillingworth, J.
David B. Newsom, Miami, and Samuel F. Slaff, Passaic, N.J., for appellants.
F.A. Currie, West Palm Beach, for appellee.
This is a second appearance of this case before this Court. The first case was Mayer v. Mayer, Fla., 54 So.2d 105, 107. In order to understand this second appeal it is necessary to consider the same in connection with the first appeal and the opinion of Mayer v. Mayer, supra. The law of the case was settled in the first appeal when the Court said:
"The other question which may inhere in this case is whether the delivery of the subject deed was a conditional delivery. If the deed when it was delivered by Alice Wach Mayer to her husband William Mayer, Sr., was delivered conditioned upon Alice Wach Mayer being named as one of the grantees therein in such manner as to create an estate by entireties, it is at least possible that there was no complete or sufficient delivery and the Chancellor might be led to the conclusion that the title has continuously vested in Alice Wach, now Alice Wach Mayer, since the time she received title thereto by virtue of a Special Master's Deed bearing date of January 4, 1932. We decide neither of these questions.
"The final decree is reversed with directions to the Chancellor that he permit Alice Wach Mayer to testify with reference to the transactions and communications which took place between her and her deceased husband at the time the interlineation was placed in the deed and that he reconsider this case, but we leave him completely free to give to the testimony of Alice Wach Mayer the probative force to which he deems it entitled and to enter his final decree accordingly."
After the issuance of the mandate of this Court the able Chancellor took further testimony and further considered the cause and then made the following final decree:
"This cause was duly presented by counsel for the parties.
"In the light of the opinion of the Supreme Court, 54 So.2d 105, and the testimony since then submitted by the parties, I am now satisfied that the equities are with the defendant, Alice Wach Mayer.
"Thereupon, it is ordered that Alice Wach Mayer be decreed to be the owner of the property hereinafter described; that the plaintiffs and the defendants, other than the defendant Alice Wach Mayer, have no right, title or interest in and to the property which is described as the real estate situated in Palm Beach County, Florida, * * *. [Description of property involved.]
"It is further ordered and adjudged that the costs of this cause be taxed against the plaintiffs."
We have carefully considered the record, the assignments of error, the briefs and argument of counsel and find no error in the record.
Affirmed.
SEBRING, C.J., ROBERTS, J., and FABISINSKI, Associate Justice, concur.