THE UNITED STATES EX REL. ANNIE KELLEY, PETITIONER,

v.

J. M. PETERS, SHERIFF, ETC.

Citator

Cited By

• Forbes v. Burket, 181 So. 2d 682 (Fla. 2d DCA 1966)
  …t [*691] ence of such a power in the committee of a lunatic, are unsound in principle and should not be followed.’ Re Cooper (1923) 95 N.J.Eq. 210, 123 A. 45, 30 ALR 673, infra, § 3.” In Wilmerton v. Wilmerton, (CA 7th, 1910) 176 F. 896, cert. den. 217 U.S. 606, 30 S.Ct. 696, 54 L.Ed. 900, it was claimed that a specific devise had been destroyed by the withdrawal of the money from the trust fund. The Court said: “But how can that be said to be the case where the diminution or extin-guishment of the thing,…
• Est. of Emma Geer Davis Kennedy Ganier v. Est. of Frederic F. Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981)
  …’s lifetime can ever cause an ademption.7 The more equitable view is that a bequest will adeem if the use of the funds or property was necessary and duly required for the ward’s care. Wilmerton v. Wiimerton, 176 F. 896 (7th Cir. 1910), cert. denied, 217 U.S. 606, 54 L.Ed. 900, 30 S.Ct. 696 (1910); Annot., 51 A.L.R.2d 770, § 2(b) (1957). See In Re Estate of Watkins, 284 So. 2d 679 (Fla.1973). This rule is consistent with Florida’s ademption statute: If specifically devised property is sold by a guardian of…
• Davis v. Woolf, 147 F.2d 629 (4th Cir. 1945)
  …eference of the surety in the event of the principal’s bankruptcy and the existence of the other conditions Which are declared by the Bankruptcy Act to constitute a preference. United Surety Co. v. Iowa Mfg. Co., 8 Cir., 179 F. 55, certiorari denied 217 U.S. 606, 30 S.Ct. 696, 54 L.Ed. 900; Crandall v. Coats, D.C.N.D. Iowa, 133 F. 965; McAtee v. Shade, 8 Cir., 185 F. 442 ; 88 A.L.R. 83 and cases cited. In such case the estate of the bankrupt is not enhanced in the least by the money advanced by the surety a…