THE FIRST NATIONAL BANK OF MIAMI, APPELLANT,
v.
SONIA FELDMANN RISOLIA, APPELLEE
THE FIRST NATIONAL BANK OF MIAMI, APPELLANT,
SONIA FELDMANN RISOLIA, APPELLEE
200 So. 2d 260
Florida District Court of Appeal, Third District (1967)
Positive Treatment
Cited by 2 cases
Opinion of the Court
A review of appellee’s amended petition discloses that the relief sought concerns the construction of the terms and provisions of a will. In re Rogers’ Estate, Fla.App. 1965, 180 So.2d 167; King v. Citizens & Southern Nat. Bank of Atlanta, Ga., Fla.App.1958, 103 So.2d 689. The circuit court has jurisdiction to construe the provisions of a will so long as the will has first been probated and the circuit court was the court first obtaining jurisdiction for construction. Section 732.42 Fla.Stat., F.S.A.; In re Dahl’s Estate, Fla.App.1960, 125 So.2d 332, 335.
Therefore, no error has been shown in the order of the circuit court denying appellant’s motion to dismiss appellee’s amended petition and we affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gundlach v. Gundlach (Fla. 4th DCA 2022)…. 3d 753, 756 (Fla. 1st DCA 2013) (holding that the order construing a will to determine beneficiaries was premature as “the probate court has not actually admitted the will to probate”); First Nat’l Bank of Miami v. Risolia, 200 So. 2d 260, 260 (Fla. 3d DCA 1967) (finding that “[t]he circuit court has jurisdiction to construe 6 the provisions of a will so long as the will has first been probated and the circuit court was the cou…
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Gundlach v. Gundlach (Fla. 4th DCA 2022)…”); Cody v. Cody, 127 So. 3d 753, 756 (Fla. 1st DCA 2013) (holding that the order construing a will to determine beneficiaries was premature as “the probate court has not actually admitted the will to probate”); First Nat’l Bank of Miami v. Risolia, 200 So. 2d 260, 260 (Fla. 3d DCA 1967) (finding that “[t]he circuit court has jurisdiction to construe the provisions of a will so long as the will has first been probated and the circuit court was the court first obtaining jurisdiction for construction”). Id.…
Authorities Cited
- In re Est. of Frank C. Rogers v. First Nat'l Bank IN Fort Lauderdale, 180 So. 2d 167 (Fla. 2d DCA 1965)
- Beulah McCollum King and Jackson L. King v. The Citizens & S. Nat'l Bank OF Atlanta, 103 So. 2d 689 (Fla. 3d DCA 1958)
- In re Est. of Eugene T. Dahl, 125 So. 2d 332 (Fla. 2d DCA 1960)