S. K. S. HOLDING COMPANY, A CORPORATION, APPELLANT,
v.
MARIAN FELL VANS AGNEW, AS EXECUTRIX OF THE ESTATE OF P. A. VANS AGNEW, SR., DECEASED, APPELLEE

Fla. | 1931-11-24
103 Fla. 686 Florida Supreme Court (1931)
Also reported at: 140 So. 313

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Synopsis

The Florida Supreme Court affirmed a lower court's decision that an executrix was not compelled to account for $9,000 from the sale of her decedent's homestead real estate. The court found no error in the order, limiting review to this specific issue.


Holding

No, the executrix is not compelled to account for the $9,000 from the sale of the homestead real estate.


Key Quotes

“no error is duly shown in the order of the Circuit Judge affirming an order of the County Judge in so far as the latter order adjudges that the executrix "is not compelled to account for Nine Thousand ($9,000.00) Dollars" which is stated to he one-half of the amount received by her from the sale of land including her decedent's homestead real estate”

This quote establishes the core issue and the court's finding regarding the executrix's accounting obligation for the homestead sale proceeds.

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Facts & Procedural History

The executrix of an estate sold land, including the decedent's homestead real estate, and received funds. The County Judge issued an order stating the…

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Opinion of the Court
Pee Cubiam.

Pee Cubiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that no error is duly shown in the order of the Circuit Judge affirming an order of the County Judge in so far as the latter order adjudges that the executrix “is not compelled to account for Nine Thousand ($9,000.00) *687Dollars” which is stated to he one-half of the amount received by her from the sale of land including her decedent's homestead real estate, which stated order of the County Judge is affirmed without prejudice to other matters in the transcript, other questions sought to be presented not being reviewable on this appeal.

Affirmed.

Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.


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