A. L. PERPER AND A. M. LOWELL, APPELLANTS,
v.
FLORIDA DAIRIES CO., INC., A FLORIDA CORPORATION, APPELLEE
A. L. PERPER AND A. M. LOWELL, APPELLANTS,
FLORIDA DAIRIES CO., INC., A FLORIDA CORPORATION, APPELLEE
83 So. 2d 109
Florida Supreme Court (1955)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This cause came on to be heard upon the motion of appellees to affirm the judgment appealed from pursuant to Rule 38 of the Rules of this Court, 30 F.S.A., and it appearing to the Court from an examination of the record that said petition is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument;
It is accordingly ordered, adjudged and decreed that the motion to affirm the judgment appealed from be and the same is hereby granted, and the judgment is
Affirmed.
THOMAS, Acting C. J., and HOBSON, THORNAL and BUFORD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rubin v. Est. of Herman C. Rubin, 144 So. 2d 527 (Fla. 3d DCA 1962)…time of his death, in such brokerage account.” It is not unreasonable to presume that the legislature meant to change the law, and thus the result in Henderson v. Usher. In 1955 the Supreme Court decided the case of In Re Payne’s Estate, Fla.1955, 83 So. 2d 109. In that case the court held that a widow was entitled to dower in the entire purchase money indebtedness due her husband from the sale of his interest in a partnership without deduction of “charges or offsets” for sums due to the individual purchas…1 / 4
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In re Est. of William Day Hixon, 354 So. 2d 1238 (Fla. 2d DCA 1978)…represented security for the decedent’s debts, but the responsibility for payment of those debts falls on the estate. Murphy v. Murphy, 125 Fla. 885, 170 So. 856 (1936); Rubin v. Rubin’s Estate, 144 So. 2d 527 (Fla. 3d DCA 1962); Cf. Payne’s Estate, 83 So. 2d 109 (Fla.1955). We realize that our conclusion may conflict with an opinion of one of our sister courts. In Morton v. Morton, 297 So. 2d 79 (Fla. 3d DCA 1974), the court held that dower rights attached only to the equity in personal property which dece…
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Steele v. Link, 24 Fla. Supp. 42 (Dade Cty. Cir. Ct. 1964)…aker, elected to take dower and therefore has a one-third dower interest in the pledged stock, which is superior to the plaintiff’s claim as to that one-third. [*43] The court has read with care Henderson v. Usher, 170 So. 846, In re Payne’s Estate, 83 So. 2d 109, Rubin v. Rubin’s Estate, 144 So. 2d 527, and County Judge Frank B. Dowling’s excellent treatise entitled “An Analysis of Dower in Florida” in the Florida Bar Journal, June 1957, page 345, and concludes that it was never the intention of the legisla…