VIDA BLANCHE COLE, APPELLANT,
v.
MELVIN VICTOR COLE, INDIVIDUALLY AND AS EXECUTOR AND TRUSTEE OF THE ESTATE OF WILLIAM V. COLE, APPELLEE
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In this Florida Supreme Court appeal, Vida Blanche Cole sought appointment of a receiver to replace her brother Melvin Victor Cole as executor of their father's estate, alleging mismanagement. The court affirmed the lower court's denial of the receivership but upheld protective reporting requirements designed to safeguard the beneficiary's interests.
The chancellor did not err in denying the appointment of a receiver, as the executor retained rights to the property under the will. However, the court upheld protective measures requiring detailed semi-annual financial reports to safeguard the complainant's interests.
“There is evidence that the executor was not properly conserving the property of the estate; but in view of the rights of the executor in the property under the will, the chancellor will not be held in error for decreeing "that the complainant is not entitled to the relief prayed."”
Establishes that while mismanagement was evident, the executor's will-granted rights prevented removal and justified denial of receivership appointment.
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Join FLexlaw to unlock all legal intelligenceWilliam V. Cole's will named his son Melvin Victor Cole as executor and designated both the son and daughter Vida Blanche Cole as beneficiaries. The d…
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A will of William V. Cole was construed in Cole v. Cole, 88 Fla. 347, 103 So. 78. Melvin Victor Cole and Vida Blanche Cole, son and daughter of the testator, are the beneficiaries under the will, the son being -the executor. The daughter brought suit for the appointment of a receiver in lieu of the executor and for other appropriate relief. There is evidence that the executor was not properly conserving the property of the estate; but in view of the rights of the executor in the property under the will, the chancellor will not be held in. error for decreeing “that the complainant is not entitled to the relief prayed,” particularly as1 the decree contains the following provisions designed to safeguard the rights of the complainant, the court having power to make necessary orders and decrees for the preservation and conservation of the property:
“It is further Ordered that the Defendant, Melvin V. Cole, be directed by this Court to present a report upon the condition of the estate involved in this suit, showing the financial condition of the estate, and an account of the income, expenditure, liabilities and assets, said report to cover half-yearly accounts, and to be presented on or before the 31st day of July and the 31st day of January in each year, showing the financial status of the estate from the first day of January to the 30th day of June, and from the first day - of July to the 31st day of December in each year, first report to be presented to the Court on or before Janury 31, A. D. 1931, and said reports to be submitted as hereinabove described until the further orders of this Co'urt.” Dated June 30, 1930.
The decree brought here on appeal is affirmed.
Whitfield, P.J., and Terrell and Davis, J.J., concur.
Buford, C.J., and Brown, J., concur in'the opinion and judgment.
dissenting: In view of the interest of Vida Blanche Cole in the corpus of the estate, and the indisputably inexpert and extravagant administration of the estate and management of the properties by the executor and trustee, I think that the complainant is entitled to such remedy or relief as she sought as would more effectually secure a conservation of it.
[*228] Ellis, J.,
dissenting: In view of the interest of Vida Blanche Cole in the corpus of the estate, and the indisputably inexpert and extravagant administration of the estate and management of the properties by the executor and trustee, I think that the complainant is entitled to such remedy or relief as she sought as would more effectually secure a conservation of it.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Allen v. Allen, 111 Fla. 733 (Fla. 1933)…; Deans v. Wilcoxson, 25 Fla. 980, 7 So; 163; Benedict v. Wilmarth, 46 Fla. 535, 35 So. 84, 4 Ann. Cas. 1033; Opitz v. Morgan, 68 Fla. 469, 67 So. 67; First Trust and Savings Bank v. Henderson, 101 Fla. 1437, 136 So. 370; Cole v. Cole, 106 Fla. 226, 143 So. 235. We are not unmindful of th*e holding in some jurisdictions to the effect that estates should not be administered through a receiver but such holdings are controlled by statute and do not influence the case at bar. Huston v. King, 119 Miss. 347, 80…
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Wallace v. Luxmoore, 156 Fla. 725 (Fla. 1946)…y have jurisdiction in cases where as in this the probate court cannot administer such relief as will give complete and adequate justice. Opitz v. Morgan, 68 Fla. 469, 67 So. 67; Allen v. Allen, 111 Fla. 733, 150 So. 237; Cole v. Cole, 106 Fla. 226, 143 So. 235; Henderson v. Ewell, 111 Fla. 324, 149 So. 372. In the case at bar the will brought in question provides for the creation of two trusts that are distinctly equitable in nature and it is shown that the provision for paying annuities has been in oper…
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Krivitsky v. NYE, 155 Fla. 45 (Fla. 1944)…, 195 So. 602; Carroll v. Carroll, 127 Fla. 226, 172 So. 916; Grant v. Amiker, 120 Fla. 356, 162 So. 712; Ex parte Hansen, 120 Fla. 333, 162 So. 715; Link v. Friou, 116 Fla. 337, 156 So. 719; Allen, v. Allen, 111 Fla. 733, 150 So. 237; Cole v. Cole, 106 Fla. 226, 143 So. [*50] 235; First Trust & Savings Bank v. Henderson, 101 Fla. 1437, 136 So. 370; Opitz v. Morgan, 68 Fla. 469, 67 So. 67; Benedict v. Wilmarth, 46 Fla. 535, 35 So. 84; Dean v. Wilcoxon, 25 Fla. 980, 7 So. 163; Sanderson v. Sanderson’s Adm’rs…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vida Blanche Cole v. Cole, 88 Fla. 347 (Fla. 1924)