EDWARD A. STERN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MILTON STEIN, DECEASED, APPELLANT,
v.
NORMAN MORRIS, APPELLEE
Explore caselaw by topic → Browse Trust Funds cases and more on FLexlaw
PER CURIAM.
The final order under review, which grants a petition to set aside trust funds held by an estate and pay a final cost judgment therefrom, is affirmed upon a holding that (a) the appellant’s decedent held upon his death certain cash funds, as a trustee under Section 607.301, Florida Statutes (1979), for the payment of the subsequently rendered cost judgment herein, and (b) the subject cash funds, which the estate herein admittedly still holds, were sufficiently identifiable so as not to constitute a part of the said estate and to authorize the imposition of a trust on such funds without the creditor being required to comply with Section 733.702(1)(a), Florida Statutes (1979).
Hodges v. Logan, 82 So. 2d 885 (Fla.1955); see Sewell v. Sewell Properties, Inc., 159 Fla. 570, 30 So. 2d 361, 362 (1947); Wilkins v. Wilkins, 144 Fla. 590, 198 So. 335, 336-37 (1940); First State Trust and Savings Bank v. Therrell, 103 Fla. 1136, 138 So. 733, 739 (1932); Campbell v. Pace, 369 So. 2d 413 (Fla.3d DCA 1979).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re Est. OF George Peterson v. Drew N. Barringer and Judith M. Barringer, 433 So. 2d 1358 (Fla. 4th DCA 1983)…beneficial ownership having become vested in another who now claims the property adverse to the estate. Fisher v. Creamer, 332 So. 2d 50 (Fla. 3d DCA), cert. dismissed, 336 So. 2d 600 (Fla. 1976) (interpreting predecessor statute); Stern v. Morris, 380 So. 2d 1048 (Fla. 3d DCA 1980); Grossman v. Selewacz, 417 So. 2d 728 (Fla. 4th DCA 1982). Obviously, this exception affords no comfort to appel-lees’ position. Nothing in the record suggests the existence of a trust rejationship or grounds to support the imposi…
-
Scott v. Reyes, 913 So. 2d 13 (Fla. 2d DCA 2005)…er the adoption of the Code, the Third District applied the trust exception to authorize the recovery of money from an estate without the filing of a claim where the decedent had held funds as a trustee in accordance with a statute. Stern v. Morris, 380 So. 2d 1048 (Fla. 3d DCA 1980) (recognizing that decedent had held certain cash funds as a trustee in accordance with section 607.301, Florida Statutes (1979), designating the directors of a dissolved corporation as trustees of the corporate assets). Although t…
Authorities Cited
- Hodges v. Logan, 82 So. 2d 885 (Fla. 1955)
- Sewell v. Sewell Props., Inc., 159 Fla. 570 (Fla. 1947)
- Wilkins v. Wilkins, 144 Fla. 590 (Fla. 1940)
- First State Tr. & Sav. Bank of Springfield & Tr. of the Est. of D. M. Ottis v. Therrell, 103 Fla. 1136 (Fla. 1932)
- Campbell v. Pace, 369 So. 2d 413 (Fla. 3d DCA 1979)
- State of Fla. ex rel. Harry C. Davis v. Ryan, 103 Fla. 1136 (Fla. 1932)