FLORIDA MOTOR LINES CORPORATION, A FLORIDA CORPORATION,
v.
EUGENE S. MATTHEWS, W. B. DOUGLAS AND JERRY W. CARTER, CONSTITUTING THE RAILROAD COMMISSION OF THE STATE OF FLORIDA

Fla. | 1946-07-23
CHAPMAN, C. J/, BROWN, THOMAS and SEBRING, JJ., concur.
158 Fla. 228 Florida Supreme Court (1946) Positive Treatment
Cited by 15 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Petition for writ of certiorari denied.

CHAPMAN, C. J/, BROWN, THOMAS and SEBRING, JJ., concur.


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Citator

Cited By (15 total)

  • …rator is not an adverse party, and does not have a duty to defend against one claiming to be the common-law wife of the deceased. This case has been given recognition, although not on the same point, in this state in the case of Wells v. Menn, 1946, 158 Fla. 228, 28 So. 2d 881, 169 A.L.R. 892. For the reason expressed above, we hold that in a proceeding under § 734.25 Fla.Stat., F.S.A., it is neither appropriate or proper for an administrator to take an affirmative position for or against any faction claim…
  • …s 1933, c. 16103, gave such right to heirs, legatees, devisees, distributees, spouses, creditors, or others having a property right or claim against the estate of a decedent being probated under a will. Following this, in the case of Wells v. Menn, 158 Fla. 228, 28 So. 2d 881, 169 A.L.R. 892, the Supreme Court concluded that an answer by certain legatees, made to a petition to probate a will in which they ■challenged the bona fides of the will, did not come within the condemnation of a “no-contest” provisi…
  • In re Est. of Adolph J. Marschall, 92 So. 2d 185 (Fla. 1957)
    …im at the time of his death. It is the contention of the appellants that, since the testator expressly stated in Item I of his will that the estate taxes should be “deducted as an expense of administration” of his estate, the rule of Wells v. Menn, 158 Fla. 228, 28 So. 2d 881, 884, 169 A.L.R. 892, applies and requires the computation of the widow’s legacy upon the net estate after deduction of the estate tax. In the Wells case this court held that a provision in the will that “all my just debts shall be pa…

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