ELSIE MILLER, APPELLANT,
v.
THE MIAMI BEACH FIRST NATIONAL BANK AND GLADYS SCHUTZ, AS CO-EXECUTORS UNDER THE WILL OF NIKOLI MILLER, DECEASED, APPELLEES

Fla. 3d DCA | 1963-08-27
No. 63-34
Before BARKDULL, C. J., and CARROLL and HORTON, JJ.
155 So. 2d 852 Florida District Court of Appeal, Third District (1963)

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Holding

The court held that the chancellor's findings were supported by substantial, competent evidence, and therefore the final decree should be affirmed.


Facts & Procedural History

The case involved conflicting evidence regarding whether the appellant validly received a gift of stock from her deceased husband and whether she shou…

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Opinion of the Court
BARKDULL, Chief Judge.

BARKDULL, Chief Judge.

Appellant, who was the defendant in the trial court, seeks review of an adverse final decree relative to a determination of certain personal property. Appellees have cross assigned error to a portion of the decree relating to other personal property.

The questions presented to the chancellor involved conflicting evidence as to whether or not the appellant had validly received a gift of certain shares of stock from her deceased husband, and whether or not she should be required to account to the estate of her late husband as to certain “bearer” bonds.

As to the former, the chancellor found the stock certificates to be the property of the appellant. As to the latter, he ordered her to deliver them to the estate.

There being substantial, competent evidence to support the findings and conclusions of the chancellor, the parties have demonstrated no error in the final decree appealed from. Therefore, same is affirmed. See: Stoller v. Jaffe, Fla.App.1960, 125 So.2d 310; Crown Central Petroleum Corp. v. Standard Oil Co., Fla.App.1961, 135 So.2d 26; Davis v. Levin, Fla.App. 1962, 138 So.2d 351.

Affirmed.


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