Assignment Of Dower

40 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Moore v. Price
  98 Fla. 276· Fla.· 1929-07-31 ·cited 58×
  In this appeal of an equity partition suit, the Florida Supreme Court addresses whether minor heirs can compel partition of homestead property held by their grandmother (the widow) who has an unassigned dower right. The court holds that while the widow's dower must first be assig
• Smith v. Hines
  10 Fla. 258· Fla.· 1864-01-01 ·cited 44×
  The Florida Supreme Court reversed a lower court decree in this dower dispute, holding that a widow can challenge her deceased husband's conveyance of personal property (slaves) when the sale was not genuinely perfected and was executed with intent to defeat her dower rights. The
• McEwen v. Larson
  136 Fla. 1· Fla.· 1939-01-20 ·cited 32×
  This case addresses the validity of conveyances and a mortgage on property that included both a homestead and rental apartment buildings in Orlando, Florida. The Florida Supreme Court held that the owner abandoned homestead exemption rights in the portion used for rental purposes
• Raulerson v. Peeples
  79 Fla. 367· Fla.· 1920-03-20 ·cited 32×
  The Florida Supreme Court reversed a lower court's grant of a temporary injunction in an ejectment action, holding that while equity may reform a deed containing an erroneous land description, such reformation cannot serve as a defense to ejectment when the widow's dower right ha
• In re Lawrence's Estate
  45 So. 2d 344· Fla.· 1950-04-04 ·cited 29×
  The Supreme Court of Florida held that a County Judge lacked jurisdiction to assign dower in real estate when a minor asserted adverse title to the property. The court emphasized that title disputes involving real estate must be resolved in Circuit Court, not County Judge's court
• Holzendorf v. Lugenia Terrell
  52 Fla. 525· Fla.· 1906-06-01 ·cited 23×
  This case involves an appeal concerning exceptions taken to an answer in a lawsuit seeking an accounting and assignment of dower. The appellate court reversed the lower court's decision, finding that the exceptions to the answer were improperly sustained.
• RE: Estate of Z. R. Gilbert v. Bradford Gilbert
  160 Fla. 528· Fla.· 1948-06-04 ·cited 17×
  The Florida Supreme Court held that a widow's statutory family allowance under section 733.20 is an independent entitlement for temporary maintenance pending distribution of the estate, and when received before dower is assigned, the amount should be deducted from the corpus in c
• In re Est. of Art Ratliff
  137 Fla. 229· Fla.· 1939-04-14 ·cited 17×
  The Florida Supreme Court held that a widow who is the stepmother of the deceased's child is entitled to one-half of the estate as dower under the 1937 amendment to Section 35 of the Probate Act, not just one-third as the lower courts had awarded. The Court also clarified that do
• Youngelson v. Est. of Max Youngelson
  114 So. 2d 642· Fla. 3d DCA· 1959-09-24 ·cited 13×
  A widow appealed the denial of her petitions for widow's allowance, dower, and homestead rights in her deceased husband's estate. The court affirmed the lower court's decision, holding that settlement agreements made after the husband's death—whereby the widow released these stat
• Whitfield v. Whitfield
  127 Fla. 74· Fla.· 1937-02-10 ·cited 12×
  The Florida Supreme Court affirmed a lower court decree setting aside a settlement between a widow and the administrator of her deceased husband's estate, holding that an administrator's fiduciary duty to beneficiaries is the controlling factor and that a transaction between an a
• In re Est. of Dale D. Arner v. Meals
  218 So. 2d 471· Fla. 1st DCA· 1969-01-09 ·cited 11×
  The court held that the filing of a declaratory decree petition after the statutory period for electing dower had expired did not revive the widow's right to elect dower.
• Milton v. Wm. H. Milton
  14 Fla. 369· Fla.· 1874-01-01 ·cited 11×
  This case concerns a widow's attempt to re-open a dower assignment after discovering additional lands her husband owned. The court held that while she could claim dower in the newly discovered lands, the original dower assignment could not be reopened due to the summary nature of
• Johnson v. Reuben Turner and Hettie Turner
  44 Fla. 244· Fla.· 1902-01-01 ·cited 10×
  The Florida Supreme Court upheld a circuit court judge's authority to fix the amount and conditions of a supersedeas bond on appeal from a final decree containing injunctive provisions. The court interpreted Chapter 4917 (1901) to permit statutory supersedeas of non-injunctive po
• In re the Est. of Vasco Cardini v. Janina Cardini
  305 So. 2d 71· Fla. 3d DCA· 1974-11-19 ·cited 6×
  This case involves consolidated appeals concerning the estate of Vasco Cardini, where the widow claims entitlement to proceeds from a property sale as a tenant by the entirety, while the executor argues she is limited to a dower interest. The court affirmed the trial court's judg
• In re Est. of Harry E. Coffey
  171 So. 2d 568· Fla. 3d DCA· 1965-02-02 ·cited 6×
  This appeal challenges a county judge's assignment of dower to a widow in her deceased husband's estate, including pledged bonds that a third party claimed as collateral for a debt. The court held that while the widow did not waive her dower rights by taking partial distribution
• In re Est. of Berlin Griffin v. Griffin
  164 So. 2d 883· Fla. 2d DCA· 1964-03-06 ·cited 6×
  The United States appeals a probate court's decision awarding the widow dower rights in the deceased's personal property free from the debtor-husband's federal income tax liens. The court holds that a widow's dower interest in personalty is inchoate and unperfected during the hus
• Anne Levine v. Gus Feuer
  152 So. 2d 784· Fla. 3d DCA· 1963-04-30 ·cited 6×
  Anne Levine appealed orders denying her petition for family allowance and striking her petition for dower in the estate of Sam Levine, claiming to be his widow. The court affirmed the denial of family allowance but reversed the striking of the dower petition, holding that a prior
• Ineyll Coleman v. Davis
  120 So. 2d 56· Fla. 1st DCA· 1960-04-28 ·cited 6×
  This case addresses whether a widow's dower interest in real estate conveyed by her husband without her consent extends to improvements made by the alienee after the conveyance. The Florida court adopted the majority American rule that dower is limited to the property as it exist
• In re Est. of Ludwig Scheidig
  180 So. 2d 675· Fla. 1st DCA· 1965-12-07 ·cited 5×
  This case involves an appeal from an order dismissing a petition for assignment of dower. The petitioner claimed to be the common-law wife of the deceased, but the court found the evidence unconvincing.
• Devers v. Chateau Corp. & C.F. Prospect
  748 F.2d 902· 4th Cir.· 1984-11-20 ·cited 4×
  The court held that Virginia's 15-year statute of limitations for recovering land applies to an action to assign dower, and the doctrine of laches is inapplicable.
• In re Est. of William Day Hixon
  354 So. 2d 1238· Fla. 2d DCA· 1978-02-01 ·cited 4×
  The court held that the entire family allowance must be deducted from the estate before calculating dower, and a widow's dower share is free from the decedent's debts, including income taxes and liens on personal property.
• Creary v. In re the Est. of William Clifford Creary
  338 So. 2d 26· Fla. 1st DCA· 1976-07-19 ·cited 4×
  Widow Mabel Creary claimed an inchoate right of dower in her deceased husband William's remainder interest in his father's homestead, which William had conveyed without Mabel's joinder. The court held Mabel had a valid dower right that was not barred by statutory limitations and
• Blount v. Bost
  97 Fla. 449· Fla.· 1929-04-02 ·cited 4×
  A lunatic widow sought to enforce her dower rights in land that her deceased husband had acquired under a contract of purchase and later conveyed to a third party. The Florida Supreme Court held that the husband acquired an equitable interest in the property sufficient to give ri
• In re Est. of Axel P. Johnson v. Johnson
  240 So. 2d 840· Fla. 2d DCA· 1970-11-06 ·cited 2×
  This case addresses whether a Florida probate court can award dower rights in Florida probate assets based on the value of out-of-state real property previously conveyed by the husband without the wife's joinder. The court held that Florida statutes do not grant this authority.
• In re Est. of Robert D. Trinter, Sr.
  212 So. 2d 355· Fla. 4th DCA· 1968-06-28 ·cited 2×
  The court held that a widow's execution of a note secured by her husband's stock, which was used to pay off a debt, constituted a release of her dower rights in that stock to the extent of the debt.
• In re Est. of Abraham Binkow
  120 So. 2d 15· Fla. 3d DCA· 1960-04-21 ·cited 2×
  A Florida widow claimed dower rights in her deceased husband's interests in two out-of-state partnerships that owned real estate. The court held that under the Uniform Partnership Act adopted in Michigan and Maryland, a partner's interest in partnership property is personal prope
• Magruder v. Magruder
  141 F.2d 537· D.C. Cir.· 1944-03-06 ·cited 2×
  The court held that under D.C. Code § 16-1305, a court can order the sale of property for partition, free of a widow's dower interest, even without her consent, after her dower has been assigned.
• In re the Est. OF Edward H. Broome
  375 So. 2d 594· Fla. 5th DCA· 1979-09-26 ·cited 1×
  The Florida District Court of Appeal resolved three disputes regarding a widow's dower rights in her deceased husband's estate. The court held that dower property is chargeable with a proportional share of real estate taxes and mortgage interest, that the widow has dower rights i
• In re Est. of Andrew W. Herron, Jr.
  237 So. 2d 563· Fla. 4th DCA· 1970-06-19 ·cited 1×
  The widow of a decedent appealed a county judge's order denying her dower rights in life insurance proceeds that were held in an inter vivos trust created by her husband. The appellate court affirmed, holding that the trust was valid and not illusory or testamentary, and therefor
• In re Est. of Jordan D. Harris v. Sims
  269 So. 2d 56· Fla. 3d DCA· 1972-11-21
  Pennie Lee Harris appealed the trial court's denial of her dower petition and estoppel from asserting dower rights in property her deceased husband conveyed without her joinder. The court affirmed the estoppel, finding that Harris's settlement agreement, fourteen-month silence, a
• BEU v. BEU
  194 So. 2d 60· Fla. 3d DCA· 1967-01-24
  The appellate court affirmed a lower court's decree that declared the appellee the lawful widow of Gustav Beu and allotted her dower in his property. The appellant, who also claimed a relationship with the deceased, argued against this determination.
• Quinn v. Lister
  147 So. 2d 347· Fla. 1st DCA· 1962-12-13
  Martha Quinn, widow of a deceased property owner, sought equitable relief to establish her dower rights and quiet title to a one-third interest in real property. The court held that the County Judge's Court has exclusive jurisdiction over dower assignment, and reversed the circui
• In re Est. of Edward A. Brown v. Brown
  134 So. 2d 290· Fla. 2d DCA· 1961-11-08
  Sire Plan, Inc. appeals a probate court's assignment of dower from an $8,000 settlement fund to the widow of deceased attorney Edward A. Brown. The court holds that the probate court lacked jurisdiction to determine ownership of the fund where the parties' dispute involves an equ
• In re Davidson's Estate
  8 Fla. Supp. 197· Palm Beach Cty. Cir. Ct.· 1956-01-23
  A widow elected to take dower instead of will provisions and later sought a family allowance. The court affirmed the county judge's award of $4,200 as family allowance after dower assignment, treating it as an offset against pre-dower advances the widow had received from the esta
• In re Primicerio's Estate
  6 Fla. Supp. 89· Palm Beach Cty. J. Ct.· 1954-11-19
  In this Florida probate matter, the court held that a widow retains her statutory dower rights in her deceased husband's estate notwithstanding the husband's will provision disinheriting her. The administratrix sought to bar the widow's dower claim based on separation, but the co
• In re Sapienza's Estate
  7 Fla. Supp. 27· Palm Beach Cty. Cir. Ct.· 1954-11-16
  The county judge must grant dower if it is in the best interest of the beneficiaries of the deceased widow's estate, regardless of their financial status.
• In re Sapienza's Estate
  6 Fla. Supp. 57· Palm Beach Cty. J. Ct.· 1954-08-10
  The court considered whether an administrator of a deceased widow's estate, who is also an heir, has the right to elect dower in the husband's estate after the widow's death, and whether dower should be computed on the gross or net value of property subject to liens.
• In re Galen's Estate
  5 Fla. Supp. 29· Dade Cty. J. Ct.· 1953-12-21
  Anne Holding claimed to be the common law wife of Daniel P. Galen and sought dower rights in his estate. The court rejected her claim, finding that the evidence overwhelmingly demonstrated no common law marriage existed between the parties, despite their approximately four-year a
• In re Est. of L. v. Hester
  158 Fla. 170· Fla.· 1946-12-03
  A widow is not entitled to dower in lands sold during her husband's lifetime by virtue of a judgment against him, as the sale extinguishes any potential dower right before it accrues.
• Johns' Executors v. Addie A. Johns
  17 Fla. 806· Fla.· 1880-06-01
  The Florida Supreme Court reversed a judgment in a dower assignment case where the Circuit Court of Putnam County had assumed jurisdiction after two successive venue changes. The court held that the governing statute prohibited more than one removal of a cause and therefore the P