THE ATLANTIC NATIONAL BANK OF JACKSONVILLE, AS EXECUTOR OF THE WILL OF C. H. PASCHALL, DECEASED,
v.
W. T. KIRKWOOD
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The Florida Supreme Court upheld a county judge's authority to extend the time for filing suit on a contested estate claim beyond the two-calendar-month deadline established by the Probate Act of 1933. The court held that the statute grants county judges discretionary power to extend filing deadlines for good cause shown.
The county judge has the power to extend the time for filing suit on an estate claim after objection and after expiration of the two-calendar-month period, provided good cause is shown and due notice of the application is given.
“The county judge for good cause shown may extend the time for filing objections to any claim or demand and may likewise for good cause shown extend the time for filing appropriate suit, action or proceeding upon any such claim after objection filed”
This statutory language grants the county judge explicit power to extend filing deadlines for estate claims after objections have been filed, provided good cause is shown.
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Join FLexlaw to unlock all legal intelligenceA claim was filed against an estate and objections were filed thereto, which limited the claimant's time to bring suit to two calendar months from ser…
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This appeal presents one question. That is, where a claim against an estate and objections are filed thereto thus limiting. the time for bringing action, thereon to two calendar months, and the two months have expired then does the county judge have power to extend the time for suing on the claim.
We are called upon to construe Section' 122, paragraph 2, of the Probate Act of 1933. Section 733.18, Florida Statutes 1941, which is:
“ (2) On or before the expiration of ten calendar months from the first publication of notice to creditors, any personal representative or other person interested in the estate may file in the office of the county judge written objection to any claim or demand filed; and if such objection shall be filed the claimant shall have twelve calendar months from the first publication of notice to creditors in which to bring appropriate suit, action or proceeding upon such claim unless the time be limited as hereinafter provided. An objection filed to any unmatured claim matures the same for the purpose of the establishment of the validity and amount thereof by suit. If objections are filed, the person filing the same may serve a copy of such objections by registered mail or personal service om the creditor to whose claim he objects and also on the personal representative if the objections be filed by any interested person other than the personal representative, and, in such event the claimant shall be limited to two calendar months from the date of such service within which to bring appropriate suit, action or proceedings upon such claim. The county judge for good cause shown may extend the time for *61filing objections to any claim or demand and may likewise for good cause shown extend the time for filing appropriate suit, action or proceeding upon any such claim after objection filed; but, in either event, said extension of time shall be granted only after due notice of such application. No suit, action or proceeding shall be brought against any personal representative after the time limited above. If objection be filed to the claim of any creditor and suit be brought by the creditor to establish his claim or demand, a judgment establishing such claim shall give it no priority over claims of the same general class to which it belongs.”
The reasoning in In Re: Estate of J. B. Jeffries, 136 Fla. 410, 181 So. 833, is applicable to the question now before us. It is our conclusion that the county judge had the power to extend the time for filing suit after expiration of the two calendar months.
The judgment is affirmed.
BROWN, C. J„ WHITFIELD, TERRELL, BUFORD, CHAPMAN and THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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In re Est. of Genevieve Lorraine Livingston Goldman v. Jensen, 79 So. 2d 846 (Fla. 1955)…rt, so as to permit the filing of suit even when the motion for extension of time is [*848] not made until after the expiration of the limitation period. In re Jeffries’ Estate, supra; Atlantic National Bank of Jacksonville v. Kirkwood, 152 Fla. 59, 10 So. 2d 743. But, as is clear from the statute and the cited decisions, a cause sufficient to authorize an extension of time for filing suit must be a “good cause,” by which it is meant that “the adjudication is to be governed by a given standard of judicial ac…
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Beulah M. Ellard v. Godwin, 77 So. 2d 617 (Fla. 1955)…ppropriate jiidicial review, in order that right and justice shall be administered by due course of law as required by the constitution." (Emphasis added.) Some years later in the case of Atlantic Nat. Bank of Jacksonville v. Kirkwood, 152 Fla. 59, 10 So. 2d 743, we again held that the county judges of this State have power to extend the time fixed in the statute where good cause is shown why such extension should be granted. Reverting to In re Jeffries’ Estate, supra, we specifically pointed out that the…
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Smoak v. Graham, 167 So. 2d 559 (Fla. 1964)…he time for filing appropriate suit, action or proceedings upon any such claim after objection is filed; * * . Art. Y, Sec. 4, Florida Constitution, F.S.A. . Note 1, supra. . Atlantic National Bank of Jacksonville v. Kirkwood (1943), 152 Fla. 59, 10 So. 2d 743; In re Jeffries’ Estate, 136 Fla. 410, 181 So. 838; Goggin v. Shanley (Fla.1958), 81 So. 2d 728, 730. . The second petition filed Sept. 18, 1962, recited: “3. That on the 24th day of July, 1961, your Petitioner filed a petition for extension of ti…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Est. of J. B. Jeffries, 136 Fla. 410 (Fla. 1938)