WILLARD R. BLACK, AS EXECUTOR OF THE ESTATE OF FLORENCE SNYDER NELSON, DECEASED,
v.
MRS. LILLIAN A. WALKER, ET VIR.
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A service provider brought suit against an executor to recover compensation for services rendered to the decedent before her death in 1931. The Florida Supreme Court held that the claim was not barred by the two-year statute of limitations because the original claim was timely filed and the subsequently amended claim, which maintained the same amount and purpose, was properly permitted by the county judge.
The statute of limitations does not bar the action because the original claim was properly filed within the required period, and the amended claim, filed under the direction of the county judge and maintaining the same amount and purpose as the original, was a valid amendment rather than a new claim.
“The statute referred to did not bar this action.”
The court's holding that the two-year statute of limitations in Sub-section 2 of Section 4648 did not apply to bar the claim.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff provided services to the testatrix (decedent) prior to her death in 1931. The claim was filed within one year of the executor's appointm…
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Defendant in error as plaintiff brought this action against the plaintiff in error as defendant to recover for services rendered defendant’s testatrix, who died in- 1931. There was a judgment for the plaintiff and defendant took writ of error.
It is contended that the claim is barred under Sub-section' 2 of Section 4648, Compiled General Laws of 1927, because action was not brought within two years from the issuance of letters testamentary.
*49The record discloses that the claim was filed within one year from the appointment of the executor, but after two years had expired, the executor required a more specific statement of the claim. The county judge properly permitted defendant in error to amend her claim in certain particulars, no change being made in the amount. The amended claim was rejected in 1934, and suit was then promptly instituted against the executor The statute referred to did not bar this action. See Barnes v. Scott, 29 Fla. 285, 11 So. 48 Ramseyer v. Datson, 120 Fla. 414, 162 So. 903. See also 76 A. L. R. 1380.
The amended claim was filed under the direction of the county judge and was for the same amount and purpose as the original claim. Other particulars in which it was amended are not material. It was for services rendered which are admitted to have been performed. It would be a gross injustice to permit it to be defeated under such circumstances.
Affirmed.
Whitfield, P. J., and Brown and Ci-iapman, J. J., concur.
Terrell, C. J., concurs in opinion and judgment.
Justices Buford and Ti-iomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Trueman Fertilizer Co. v. Allison, 81 So. 2d 734 (Fla. 1955)…assets of the estate but its claim was not extinguished. Neither was it extinguished by the statute of non-claims or the statute of limitations. Ramseyer v. Datson, 120 Fla. 414, 162 So. 904; Barnes v. Scott, 29 Fla. 285, 11 So. 48; Black v. Walker, 140 Fla. 48, 191 So. 25. See also Deans v. Wilcoxon, 25 Fla. 980, 7 So. 163. These cases point the rule that so long as the administrator was not discharged and the claim not denied or contested, the mere passage of time did not affect it. Under such circumstan…
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Richards v. West, 110 So. 2d 698 (Fla. 1st DCA 1959)…n amount is claimed, will be found in Wilson and McGeliee, Probate Claims in Florida, 1 U. of Fla.L.Rev. 1, 12 (1948). There it is stated that amendment may be permitted even after the period for filing claims has expired. See Black v. Walker, 1939, 140 Fla. 48, 191 So. 25; Fla.Stats. 1957, § 733.17, F.S.A.…
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Est. of Mary D. Grist v. W. Taylor Wilson under the Last Will and Testament of Mary D. Grist, 83 So. 2d 860 (Fla. 1955)…* All technical forms of pleadings are abolished. No defect of form shall impair substantial rights”. Amendments of claims against estates filed out of time were sanctioned in re: Jeffries’ Estate, 136 Fla. 410, 181 So. 833, and in Black v. Walker, 140 Fla. 48, 191 So. 25. Other examples of amendrhents permitted under strict common law procedures which prevailed prior to the liberalized statutes and rules of modern practice are to be found in Gibbs v. McCoy, 70 Fla. 245, 70 So. 86; Ivey v. Southern States…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ramseyer v. Datson, 120 Fla. 414 (Fla. 1935)
- Barnes v. Scott, 29 Fla. 285 (Fla. 1892)