ROBERT S. GETTINGER AND ELIZABETH GETTINGER, AS EXECUTORS, TRUSTEES AND HEIRS AT LAW OF THE ESTATE OF MILTON M. GETTINGER, DECEASED, ET AL., PETITIONERS,
v.
EDWARD GETTINGER, RESPONDENT
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The Florida Supreme Court discharged a writ of certiorari, holding that a decedent's executor cannot administer the affairs of a corporation, even if substantially owned by the decedent, as assets of the decedent's estate. The court clarified that a prior case did not support such a contention.
No, the affairs of a corporation, even if substantially owned by a decedent, cannot be administered by the decedent's executor as assets of the decedent's estate.
“the affairs of a corporation, even though substantially owned by a decedent, cannot be administered by decedent's executor as assets of the decedent's estate.”
This quote states the core holding of the court regarding the administration of corporate affairs by an executor.
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Join FLexlaw to unlock all legal intelligenceThe petitioners, as executors of a decedent's estate, sought to administer the affairs of a corporation substantially owned by the decedent as assets …
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The Petition for Writ of Certiorari reflected probable jurisdiction in this Court. We issued the Writ and have heard argu-ment of the parties. After hearing argu■ment and upon further consideration of the matter, we have determined that the Petition is without merit.
The District Court of Appeal held, and -we agree, the language of Central Farmers Trust Co. v. Pinkham, et al., 108 Fla. 355, 146 So. 563, is not authority for the contention of the petitioner. To the end that doubt be resolved we hold that the affairs of a corporation, even though substantially owned by a decedent, cannot be administered by decedent’s executor as assets of the decedent’s estate. If the Central Farmers Trust decision, supra, suggests to the contrary we recede to that extent.
The Writ must be and is hereby discharged and the Petition for Writ of Certi-orari is dismissed.
It is so ordered.
DREW, C. J., and THORNAL, O’CON-NELL, CALDWELL and HOBSON (Ret.), JJ., concur.
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Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sawyer v. Town of Mount Dora, 108 Fla. 456 (Fla. 1933)
- Cent. Farmers Tr. Co. v. Pinkham, 108 Fla. 355 (Fla. 1933)