THE FIRST NATIONAL BANK OF MIAMI, AS EXECUTOR OF THE ESTATE OF FLORENCE DEEGAN CASSIDY, DECEASED, APPELLANT,
v.
EFFIE KNOWLES, ADMINISTRATRIX AD LITEM OF THE ESTATE OF JOHN P. CASSIDY, DECEASED, APPELLEE

Fla. 3d DCA | 1962-02-26
No. 61-245
Before PEARSON, TILLMAN, C. J., and CARROLL and BARKDULL, JJ.
138 So. 2d 95 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 3 cases

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Synopsis

The appellate court affirmed a lower court's decree that restored a deceased husband's assets to his estate, finding they were diverted by his wife through fraud and undue influence. The court found the lower court's findings of fact were adequately supported by the evidence.


Holding

No, the lower court's findings of fact were adequately supported by the evidence.


Key Quotes

“This appeal, by the defendant below, is-from a decree of the circuit court restoring to the estate of a deceased husband his considerable assets which were found to have been diverted from him by his wife during the last year and one-half of his life, by fraud and undue influence.”

Describes the nature of the appeal and the lower court's decision.

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Facts & Procedural History

The First National Bank of Miami, as executor of the husband's estate, appealed a decree that restored considerable assets to the husband's estate. Th…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal, by the defendant below, is-from a decree of the circuit court restoring to the estate of a deceased husband his considerable assets which were found to have been diverted from him by his wife during the last year and one-half of his life, by fraud and undue influence.1

The cause was tried before the chancellor, who rendered a comprehensive decree setting forth his findings of fact and conclusions of law. Appellant argues that the principal findings are unsupported by the evidence. We have carefully reviewed the record and are unable to agree with appellant’s contention. The plaintiff’s case was-elaborately proved, and the chancellor’s findings which the appellant challenges are *96adequately supported by the evidence. No useful purpose would be served by detailing the pleadings, facts and evidence in this case.

Affirmed.


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Citator

Cited By

  • …PER CURIAM. For their services as attorneys for an ad-ministratrix ad litem which resulted in recovering a large fund for the estate (see First National Bank of Miami v. Knowles, Fla.App.1962, 138 So. 2d 95; Knowles v. [*744] First National Bank of Miami, Fla.App. 1964, 159 So. 2d 662), the county judge, after notice and hearing (§ 734.01(2), Fla.Stat., F.S.A.) allowed fees of approximately 27% of the amount recovered. Appellants who challenge the fee…
  • First Nat'l Bank of Miami v. Knowles, 143 So. 2d 494 (Fla. 1962)
    …Certiorari denied without opinion. 138 So. 2d 95.…

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