IN RE ESTATE OF EDITH M. YOUNG, DECEASED. L. E. BROWN, AS GUARDIAN OF THE PROPERTY OF MARK STERLING SCHRODT, A MINOR, APPELLANT,
v.
GEORGE J. WHITE, SR., AND C. GEORGE SCHRODT, AS CO-EXECUTORS OF THE ESTATE OF EDITH M. YOUNG, DECEASED, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A guardian of a minor beneficiary appealed from a county judge's order requiring transfer of Totten Trust funds to estate executors who claimed the will revoked the trust. The Florida appellate court reversed, holding that county judges lack jurisdiction to determine trust validity, which is exclusively within the equity court's jurisdiction.
The county judge had no jurisdiction to determine the validity of the Totten Trust or whether the will revoked it. Such determinations are the exclusive province of equity courts, which have original, general, and inherent jurisdiction over trusts. The county judge can only exercise jurisdiction conferred by the constitution and statutes.
“County judge's courts have only such jurisdiction as is conferred upon them by the constitution and statutes and such as may be incidentally necessary to the execution of such powers.”
Establishes the fundamental limitation on county judge jurisdiction
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 1952, Edith M. Young created a Totten Trust (in trust account) at a savings association for Mark Sterling Schrodt containing approximately $15,000.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Totten Trust cases and more on FLexlaw
L. E. Brown, guardian of the property of Mark Sterling Schrodt, appeals from a final order of the County Judge’s Court requiring appellant to transfer certain funds to the appellees, co-executors of decedent’s estate.
In 1952, Edith M. Young created a “Tot-ten Trust” at the American Savings Building & Loan Association, Orlando, by making a deposit and having the passbook issued in the following form: “Edith M. Young in Trust for Mark Sterling Schrodt.”
In 1956, Edith M. Young executed a last will and testament containing a general residuary clause in the form of a testamentary trust where three minors were named as beneficiaries. One of the beneficiaries so named was Mark Sterling Schrodt. After Edith M. Young died, her will was admitted to probate, and the appel-lees were qualified as co-executors. Appellant was appointed guardian of the property of Mark Sterling Schrodt and received the funds, approximately $15,000 under the Totten Trust, then on deposit for appellant’s ward.
The executors filed a petition with the county judge to have the funds held by appellant transferred to them on the theory that decedent’s will revoked the Totten Trust. The guardian moved to dismiss the petition contending that the county judge had no jurisdiction of the subject matter. The court adjudged that he had jurisdiction, granted the petition, and advised the guardian to transfer the funds to the executors.
The guardian appealed, contending that the county judge had no jurisdiction to enter the subject order. We agree.
County judge’s courts have only such jurisdiction as is conferred upon them by the constitution and statutes and such as may be incidentally necessary to the execution of such powers. Michaels v. Dillon, Fla.App.1966, 191 So.2d 80; In re Donaldson’s Estate, Fla.App.1962, 147 So.2d 552; In Re Guardianship of White, Fla. App.1962, 140 So.2d 311. A county judge has no power to determine ownership of personal property as between an- estate and a stranger thereto. Michaels v. Dillon, supra; In Re Donaldson’s Estate, supra.
Upon application of these principles to the instant case, we find that the appellant is a stranger to the estate because v the funds, which his ward derived from the / Totten Trust, passed by way of an instru-id ment separate and apart from the will. Only by the preliminary determination that the will in some manner revoked the trust, can the executors claim the funds belong to the estate. This determination is within the sole province of equity, which has original, general, and inherent jurisdiction over trusts, their validity and administration. In Re Guardianship of White, supra; 33 Fla. Jur., Trusts § 111 (1960).
Appellant has raised a second point on appeal which, in view of our determination upon the question of jurisdiction, we find unnecessary to discuss at this time.
The county judge had no jurisdiction to determine the validity of the Totten Trust. We, therefore, reverse the order granting the petition transferring the funds to the executors and order the court to dismiss *117the petition without prejudice to the appel-lees to file action in the proper forum.
„ , , J Reversed and remanded.
SHANNON, J., and LENFESTEY, JAMES A., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Guardianship OF Iva Mae Palmer White, 140 So. 2d 311 (Fla. 1st DCA 1962)
- In re Est. of H. H. Donaldson v. Janette Brainard, 147 So. 2d 552 (Fla. 2d DCA 1962)
- Michaels v. Carrol F. Dillon, 191 So. 2d 80 (Fla. 2d DCA 1966)