IN RE: ESTATE OF HELEN B. MILLER, DECEASED; BERTHA IRONS, AS EXECUTRIX OF THE ESTATE OF HELEN B. MILLER, DECEASED,
v.
ELIZABETH LAMB, ET VIR, AND CORA TAYLOR, ET VIR.
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The Florida Supreme Court reversed a lower court's decree that had removed an executrix, finding the decree to be in error. The case was remanded for the county judge's court to resume administration of the estate with the executrix reinstated.
Yes, the Circuit Court's decree was in error in reversing the county judge and directing the removal of Bertha Irons as executrix.
“it is therefore considered, ordered and adjudged by the Court that the decree of the.Circuit Court for Highlands County, dated February 12, 1940, entered in this cause and filed in the office of the Clerk of the Circuit Court of Highlands County on February 27, 1940, recorded in' Chancery Order Book 20, page 559, records of said court, was in error in so far as it reversed the county judge and directed the removal of appellant, Bertha Irons, as executrix of the estate of Piden B. Miller, deceased, and to that extent the said decree is reversed”
This quote establishes the court's finding that the lower court's decision was erroneous and the basis for the reversal.
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Join FLexlaw to unlock all legal intelligenceBertha Irons, as executrix of the estate of Helen B. Miller, appealed a decree from the Circuit Court for Highlands County. The circuit court had reve…
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This cause having heretofore been submitted to the Court upon the transcript of record of the judgment herein, and counsel for the respective parties having filed a stipulation herein on the 19th day of September, 1940, agreeing to a reversal of said cause on the ground hereinafter set forth; it is therefore considered, ordered and adjudged by the Court that the decree of the.Circuit Court for Highlands County, dated February 12, 1940, entered in this cause and filed in the office of the Clerk of the Circuit Court of Highlands County on February 27, 1940, recorded in' Chancery Order Book 20, page 559, records of said court, was in error in so far as it reversed the county judge and directed the removal of appellant, Bertha Irons, as executrix of the estate of Piden B. Miller, deceased, and to that extent the said decree is reversed; it is further ordered that the Chancellor remand the cause to the County Judge’s Court for Highlands County and that thereupon the said county judge’s court resume jurisdiction of the administration of said estate with the said Bertha Irons as the duly appointed, qualified and acting executrix thereof and that the costs of this appeal be taxed against the appellant.
Reversed and remanded.
Terrell, C. J., Whitfield, Brown, Buford, Chapman and Thomas, J. J., concur.