WALLACE L. MINTO, APPELLANT,

v.

SAMUEL W. HEISCHMAN, APPELLEE

Citator

Cited By

• VAN Dusen v. Se. First Nat'l Bank OF Miami, 478 So. 2d 82 (Fla. 3d DCA 1985)
  …lute bar to suits filed after the discharge of a personal representative. See Karpo v. Deitsch, 196 So. 2d 180 (Fla. 3d DCA 1967) (construing section 734.23, Florida Statutes, the predecessor to section 733.901(5)); see also In re Estate of Bateman, 290 So. 2d 528, 530 (Fla. 3d DCA 1974) (same). In Karpo, heirs of the decedent charged the administratrix with concealing from them the true worth of the estate and from the probate court the fact that they were the decedent’s heirs-at-law. On appeal, the adminis…
• In re The Est. OF Herman H. Killinger, 448 So. 2d 1187 (Fla. 2d DCA 1984)
  …ces involving property in the estate having not been distributed. Cf. In re Estate of Sackett, 171 So. 2d 906 (Fla. 1st DCA 1965). We do not believe the later discovery of a will makes it “necessary” to reopen administration. Cf. Minto v. Heischman, 290 So. 2d 528 (Fla. 2d DCA 1974); In re Estate of Jackson, 236 So. 2d 475 (Fla. 4th DCA 1970). Accordingly, we cannot find error by the trial court. We affirm the order denying the petition to revoke administration of decedent’s estate. While the justice of this…
• The Wooster Sch. Corp. v. Hammerer, 410 So. 2d 524 (Fla. 4th DCA 1982)
  …perform a condition of a legacy or devise, which failure results from impossibility of performance. We know that generally speaking, where a testamentary gift is subject to a valid condition, performance thereof is required. In Re Estate of Bateman, 290 So. 2d 528 (Fla. 3rd DCA 1974). In some instances the courts have held that impossibility of performance will not excuse failure of a devisee to comply with a condition in a will. In Re Estate of Bateman, supra; Guilliams v. First National Bank of Leesburg, 22…

Authorities Cited

• Abner Wynn Gordon v. The John Deere Co., 264 So. 2d 419 (Fla. 1972)