JOHN R. ROBERTS, ET AL., APPELLANTS,
v.
MOLLIE ROBERTS, APPELLEE
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A widow of a deceased man seeks to set aside an allegedly fraudulent inventory of her late husband's estate and to cancel two deeds conveying his real property, claiming the administrators and his sons conspired to defraud her of her dower rights. The Florida Supreme Court affirmed the lower court's overruling of the defendants' demurrer, finding the widow's bill of complaint stated valid equitable claims.
The bill of complaint contains equity and rests upon a well-recognized ground of equity jurisdiction. Even if the deeds cannot be set aside because the stated consideration is not the true consideration, the widow is entitled to relief regarding the fraudulently undervalued personal property of the estate.
“The bill we think contains equity and rests upon a well recognized grfound of equity jurisdiction.”
Establishes that the widow's complaint states a valid equitable claim
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Join FLexlaw to unlock all legal intelligenceMollie A. Roberts, widow of John L. Roberts, filed a complaint against her two stepsons serving as administrators of the estate and three other brothe…
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Ellis, J.
This is an appeal from an interlocutory order overruling a demurrer to a bill of complaint in which the complainant Mollie A. Roberts, widow of •John L. Roberts, seeks as against her two stepsons John R. and John V. Roberts as administrators of her husband’s estate, the setting aside of the inventory of the personal property of the estate, the setting apart to her of the household goods, farming utensils, weáring apparel, provisions and clothing necessary for her maintenance, and other relief, and as against the said parties individually and their three brothers, Robbie L., W. L. and C. W. Roberts, the cancellation of two certain deeds of conveyance to lands of which her husband died seized and possessed.
It is alleged as the basis of the relief sought that the administrators procured the inventory to be made which shows the personal property of the estate to be of less value by one-half than its true value, in pursuance of a fraudulent design to deprive the complainant of her rights in the premises; that the administrators pursuant to their design which they held in common with their three brothers to cheat and defraud her out of her interest in the personal estate refused to set apart to her her dower therein-basing their refusal upon the consideration named in the two deeds of conveyance of the lands mentioned in which it was recited that the con-, veyances were executed in consideration of her interest in the estate real and personal of her late husband. It is also alleged that such was not the true consideration for the execution of the two deeds, but that they were executed between them merely by way of dividing among them the real estate of which her husband died seized and possessed.
The bill we think contains equity and rests upon a well recognized grfound of equity jurisdiction. Even if the deeds may not be set aside because the considera tion therein expressed is not the true consideration the complainant is entitled to the relief sought as to the personal property of the estate.
The order is affirmed.
Browne, C.. J., and Taylor, Whitfield and West, J. J., concur.
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Story v. First Nat'l Bank & Tr. Co. in Orlando, 103 Fla. 399 (Fla. 1931)…etermined in appropriate proceedings by the beneficiaries of the trust against the Bank in the matter of an accounting and would not require the appointment of an Administrator pendente lite. The proceeding would be analogous ito Roberts v. Roberts, 75 Fla. 603, 78 South. Rep. 666. It is generally accepted as good law that any person interested in an estate may cite the executor of administrator to file his account. It may be issued at the instance of an heir, legatee or creditor. See Main v. Brown, 72 Tex…