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BYRON SHOMAKER, INDIVIDUALLY, AND AS EXECUTOR OF THE ESTATE OF WAYNE MORRIS WHITSITT, PETITIONER, v. MADELINE FRANCES WHITSITT, RESPONDENT.

PER CURIAM.

The petition for certiorari is denied.

ADAMS, C.J., and CHAPMAN and SEBRING, JJ., concur.

HOBSON, J., concurs specially.

HOBSON, Justice (concurring specially).

I concur in the order denying the petition for certiorari, although the effect of the denial may be a determination that the plaintiff need not explain, in and by her bill of complaint, her delay in instituting this action. However, it is not to be presumed that the learned Chancellor will fail to require of the plaintiff, before the entry of a final decree which might be favorable to the plaintiff, a reasonable and entirely satisfactory explanation of such delay.

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SHOMAKER v. WHITSITT
(Apr 1, 1949)