Dower Rights

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

• Moskovits v. Moskovits
  112 So. 2d 875· Fla. 1st DCA· 1959-06-09 ·cited 20×
  The Florida District Court of Appeal reversed in part and affirmed a chancellor's order denying defendants' motion to dismiss a complaint by the widow of a deceased testator. The widow sought equitable revocation of a will excluding her, an accounting of partnership assets, and i
• Ineyll Coleman v. Davis
  106 So. 2d 81· Fla. 1st DCA· 1958-10-28 ·cited 20×
  Coleman, the widow of a deceased intestate, appealed a decree assigning her dower rights in real property conveyed by her husband to Davis without her joinder. The court reversed, holding that equity courts lack jurisdiction to assign dower except as incident to other equitable r
• United States v. Crosby
  257 F.2d 515· 5th Cir.· 1958-06-30 ·cited 20×
  The court held that the cash payment to the widow as a statutory equivalent for her dower interest, which was sold by the administrators to pay estate debts, qualified for the marital deduction as it was a vested interest passing from the decedent, not a terminable interest.
• Commissioner OF Internal Revenue v. Siegel
  250 F.2d 339· 9th Cir.· 1957-11-06 ·cited 20×
  The court held that a wife's election to take under her deceased husband's will in lieu of her community property rights constitutes a contract supported by adequate consideration, and thus the value surrendered is not a taxable gift except for any excess value received.
• L. D. Edge cum testamento annexo of the estate of C. E. Rynearson v. Rosetta Shade Rynearson
  107 Fla. 461· Fla.· 1932-12-24 ·cited 20×
  The Florida Supreme Court reversed a circuit court judgment granting dower rights to Rosetta Shade Rynearson, holding that the evidence was insufficient to establish a valid common law marriage between her and the deceased testator C. E. Rynearson. The case turns on whether tempo
• Griffith v. Griffith
  59 Fla. 512· Fla.· 1910-01-01 ·cited 20×
  The Florida Supreme Court reversed a partition decree involving a homestead estate, holding that partition was an improper remedy where the real controversy was between the heirs and third parties claiming adversely under conveyances from the decedent's widow, not between the hei
• Koon v. Wiley H. Koon
  55 Fla. 834· Fla.· 1908-01-01 ·cited 20×
  In this partition suit, the Florida Supreme Court reversed the lower court's decision to overrule a demurrer to a cross-bill filed by the defendant. The Court held that a cross-bill in a partition action is generally improper and that a partition suit is not the appropriate vehic
• Briles v. Bradford
  54 Fla. 501· Fla.· 1907-06-01 ·cited 20×
  Briles purchased real estate from the heirs of J.J. Bradford subject to the widow Bradford's dower rights. After the widow obtained a dower allotment that Briles contended was ambiguous and included property beyond her entitlement, Briles sought to quiet his title and correct the
• Hogans v. Carruth
  19 Fla. 84· Fla.· 1882-06-01 ·cited 20×
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict for the defendant Carruth, holding that a deed from 1834 executed by the plaintiffs' ancestors to Isaiah D. Hart validly conveyed the disputed lot, despite ambiguities in metes and bounds descriptions. Th
• In re Est. of Seymour J. Kant v. Kant
  272 So. 2d 153· Fla.· 1972-12-20 ·cited 19×
  The Florida Supreme Court held that the children of a deceased person have legal standing to collaterally attack a divorce decree purporting to dissolve their father's wife's prior marriage, where that decree is void and affects the children's inheritance rights. The decision res
• . Sawyer v. Letitia Collier
  120 Fla. 248· Fla.· 1935-02-09 ·cited 19×
  The Florida Supreme Court held that a trust instrument executed by John Collier over $50,000 in U.S. Treasury bonds, which provided for distribution to his grandchildren upon his death, validly transferred title to the trustee during Collier's lifetime, and therefore the bonds we
• The Fla. Bank AT Lakeland & J. B. O'Neill v. United States
  443 F.2d 467· 5th Cir.· 1971-04-26 ·cited 18×
  The court held that a charitable remainder deduction is not allowable if the trustee is empowered to distribute capital gains to life beneficiaries, making the charitable interest unascertainable. It also held that the marital deduction for dower rights must be valued as of the d
• Martz v. Riskamm
  144 So. 2d 83· Fla. 1st DCA· 1962-07-10 ·cited 17×
  This case addresses the validity of a 1945 divorce decree procured through fraud and the dower rights of the first wife. The court set aside the divorce decree, recognized the first wife as the lawful widow, and awarded her dower in real property held by the fraudulently divorced
• 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
• Taylor v. Day
  102 Fla. 1006· Fla.· 1931-09-23 ·cited 17×
  Eugene Taylor sought to review a foreclosure decree through a bill of review, challenging the trial court's failure to require vendor Frank P. Day to convey clear title free of a recorded judgment lien. The Florida Supreme Court reversed the dismissal of the bill of review, holdi
• Sari Posner v. Posner
  206 So. 2d 416· Fla. 3d DCA· 1968-01-23 ·cited 16×
  A chancellor in a divorce proceeding retains sole discretion to determine alimony and is not bound by the terms of an antenuptial agreement, even if the agreement is otherwise valid; the chancellor may consider such an agreement but must independently exercise judicial discretion
• In re the Est. of Earl B. Rogers v. Rogers
  171 So. 2d 428· Fla. 2d DCA· 1965-02-03 ·cited 16×
  The Florida District Court of Appeal held that a widow's right to elect dower is determined by the law in effect at the husband's death, not by subsequently enacted legislation. Because the widow failed to timely elect dower within nine months of the publication of notice to cred
• Waller van Fleet v. Lindgren
  107 So. 2d 381· Fla.· 1958-12-10 ·cited 16×
  Van Fleet sought specific performance of a land sale contract against the Lindgrens. The District Court of Appeal reversed the trial court's decree ordering both husband and wife to convey, reasoning that Van Fleet's insistence on complete performance by both parties precluded re
• Hill v. Morris
  85 So. 2d 847· Fla.· 1956-01-27 ·cited 16×
  A widow acquitted of murdering her husband by reason of insanity seeks to claim her statutory dower in his estate. The Florida Supreme Court holds that because Florida's statutory bar to inheritance applies only to those convicted of murder, and because the widow was acquitted (n
• Field v. Field
  68 So. 2d 376· Fla.· 1953-07-31 ·cited 16×
  The Florida Supreme Court reviewed a lower court's decree that denied a husband's divorce based on desertion, finding that while the desertion was willful and obstinate, it did not meet the one-year continuous requirement.
• In re Wolf. Appeal of Huggins
  165 F.2d 707· 3d Cir.· 1948-01-21 ·cited 16×
  The court should reverse the bankruptcy court's affirmance of the referee's finding, as the evidence clearly indicates a fraudulent transfer of property.
• Farid-Es-Sultaneh v. Commissioner of Internal Revenue
  160 F.2d 812· 2d Cir.· 1947-04-11 ·cited 16×
  The dissenting opinion argues that the majority incorrectly assumed definitions of 'gift' differ between tax statutes and that the stock transfer was a purchase of dower rights rather than a gift.
• Mead v. Phillips
  135 F.2d 819· D.C. Cir.· 1943-04-30 ·cited 16×
  The court held that the death of a mentally incompetent widow does not terminate her power to elect between her husband's will and her statutory share, and an equity court can make this election on her behalf even after her death.
• Arley M. Hatch v. Maud Barr Trabue
  99 Fla. 1169· Fla.· 1930-05-21 ·cited 16×
  This case concerns a foreclosure proceeding where the appellants challenged the final decree, arguing that a necessary party was not properly included and that attorney's fees were awarded without sufficient evidence. The court affirmed the foreclosure but remanded the case to re
• Serkissian v. Newman
  85 Fla. 388· Fla.· 1923-04-10 ·cited 16×
  Fred P. Serkissian appeals a partition decree awarding B.B. Newman a seven-eighths interest in land based on the widow's alleged election to take a child's part in her deceased husband's estate. The Florida Supreme Court reverses, holding that the widow's election to take a child
• Long v. Herrick
  26 Fla. 356· Fla.· 1890-06-01 ·cited 16×
  This case involves a foreclosure on a mortgage. The appellate court reversed the lower court's decree primarily because the attorney's fee was awarded without sufficient evidence. The court affirmed other aspects of the lower court's decision.
• Mary Ann Jones and others v. Dexter
  8 Fla. 276· Fla.· 1859-01-01 ·cited 16×
  The Florida Supreme Court addressed whether provisions of the 1829 Descent Act restricting inheritance based on parental origin apply to personal property distribution. The Court held that these restrictive provisions apply only to real estate, not personal property, reversing th
• Baron De Hirsch Meyer v. Bricklayers
  144 Fla. 401· Fla.· 1940-10-08 ·cited 15×
  The Florida Supreme Court resolved a dispute over surplus proceeds from a foreclosure sale, holding that L.E. Dodge validly assigned his interest in the surplus to Baron De Hirsch Meyer before conveying the property to the Bricklayers union, and that the later deed to the union w
• In re the Est. OF Lester O. Schriver v. Merritt L. Schriver
  441 So. 2d 1105· Fla. 5th DCA· 1983-11-03 ·cited 14×
  A widow whose husband's will excluded her sought to exercise her statutory elective share through a durable family power of attorney held by her daughter. The trial court denied the election, but the appellate court reversed, holding that the donee of a durable family power of at
• In re Clemens v. Clemens
  472 F.2d 939· 6th Cir.· 1972-12-20 ·cited 14×
  A purchase money resulting trust can be imposed on property where title is taken in the name of a natural object of bounty, provided the presumption of a gift is rebutted by clear and convincing evidence of the payor's intent.
• Callie L. COX and B. C. Cox, Jr. v. United States
  421 F.2d 576· 5th Cir.· 1970-01-07 ·cited 14×
  The court held that a widow's commuted dower interest under Alabama law is terminable and does not qualify for the marital deduction, but her share of the estate is not required to bear the burden of federal estate taxes.
• Davis v. Davis
  98 So. 2d 777· Fla.· 1957-12-06 ·cited 14×
  William and Margaret Davis appealed a divorce decree that found Margaret held legal title to real property (Lot 3) as trustee for her son William, entitling his ex-wife Anita to an undivided one-half interest. The Florida Supreme Court reversed on the trust issue but affirmed the
• Horney v. Rhea
  152 Fla. 817· Fla.· 1943-03-02 ·cited 14×
  A widow's election to accept provisions of a will does not bar her dower rights if she lacked full knowledge of the estate's value and the transaction was unfair and inequitable from her perspective.
• Saxon v. Rawls
  51 Fla. 555· Fla.· 1906-01-01 ·cited 14×
  A widow who dissented from her deceased husband's will and elected to take a child's part in his estate sued to establish her rights to the homestead and other property. The Florida Supreme Court upheld a statute granting the homestead to the widow when the decedent dies without
• Henderson v. Chaires
  35 Fla. 423· Fla.· 1895-01-01 ·cited 14×
  Martha M. Chaires, widow of a deceased estate owner, sought recovery of her dower rights in her husband's personal and real property, which executors had withheld for nearly a decade. The Florida Supreme Court reversed a lower court decree that had awarded excessive damages and e
• Henderson v. Chaires
  25 Fla. 26· Fla.· 1889-01-01 ·cited 14×
  The Florida Supreme Court affirmed a widow's claim to dower in her deceased husband's estate, rejecting the executor's defense that she was barred from dower due to adultery. The court held that Circuit Courts have jurisdiction over dower proceedings under the statutory remedy an
• Lindsay v. Lindsay
  163 So. 2d 336· Fla. 3d DCA· 1964-04-07 ·cited 13×
  In this divorce case, the Florida District Court of Appeal held that an ante-nuptial agreement whereby a wife waives all rights to alimony and attorney's fees in exchange for nothing is void as against public policy. While parties may contract regarding property rights like dower
• Bibb v. Bickford
  149 So. 2d 592· Fla. 1st DCA· 1963-01-17 ·cited 13×
  The First District Court of Appeal of Florida affirmed the dismissal of a complaint, holding that the plaintiff failed to state a cause of action for fraud and deceit. The court found that even if the allegations of misrepresentation were true, the plaintiff's mother's right to d
• In re Ginsberg's Estate
  50 So.2d 539· Fla.· 1951-01-30 ·cited 13×
  The Supreme Court of Florida reviewed a probate court's decision regarding a widow's dower. The court held that the widow's dower must be one-third of the real property and one-third of the personal property, and the lower courts erred by allotting her dower solely from personal
• Harrell v. Harrell
  8 Fla. 46· Fla.· 1858-01-01 ·cited 13×
  Martha Harrell, a widow without children, sought to elect a child's part in her deceased husband's estate under Florida's 1838 dower amendment rather than accepting dower. The court held that the widow's election right extends to cases where there is no surviving child, and that
• The First Nat'l Bank OF Clearwater v. Brenton T. Morse, Jr.
  248 So. 2d 658· Fla. 2d DCA· 1971-05-07 ·cited 12×
  The court held that the postnuptial agreement was valid and binding, and that the wife's waiver of dower rights was effective.
• In re the Est. of Joseph Feldman v. Feldman
  109 So. 2d 407· Fla. 2d DCA· 1959-02-06 ·cited 12×
  The Florida District Court of Appeal reversed a probate court order that enforced a disputed settlement agreement regarding the distribution of a deceased's estate because the agreement was ambiguous and involved real property title questions beyond the county judge's jurisdictio
• Bowler v. Bowler
  159 Fla. 447· Fla.· 1947-08-01 ·cited 12×
  In this divorce appeal, the Florida Supreme Court addressed whether a wife could receive compensation for loss of dower rights when those rights are statutorily extinguished by divorce. The court held that dower rights cannot serve as a basis for property awards in divorce decree
• Christ Efstathion v. Saucer
  158 Fla. 422· Fla.· 1947-01-28 ·cited 12×
  The Florida Supreme Court affirmed a declaratory decree determining the inheritance rights to Moses Saucer's real property after his death in 1939, resolving disputes over homestead rights and the application of the Stepmother Act (Chapter 18,999, Acts 1939) to non-homestead prop
• Berenice Houser Leffler v. Cornelia Leffler
  151 Fla. 455· Fla.· 1942-07-07 ·cited 12×
  The Florida Supreme Court held that C.D. Leffler died testate under his 1937 will and that the Stepmother Act limited his widow's bequest while validating the portions of his will that were unaffected by the statute. The court upheld the family property arrangement and rejected t
• Jahn v. Purvis
  145 Fla. 354· Fla.· 1940-12-20 ·cited 12×
  The Florida Supreme Court reversed a lower court decision that awarded title to defendant Purvis based on adverse possession. The court held that a void deed from a husband attempting to convey homestead property to his wife could not support Purvis's adverse possession claim, an
• Dix v. Dix
  140 Fla. 91· Fla.· 1939-09-26 ·cited 12×
  In this 1939 Florida case, the Supreme Court ruled that a comprehensive property settlement and general release executed as part of a divorce decree cannot be modified or challenged after the parties have fully performed their obligations. The court held that such settled agreeme
• 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
• Addie Irene Catlett v. Chestnut
  108 Fla. 475· Fla.· 1933-02-27 ·cited 12×
  The Florida Supreme Court affirmed a lower court's decision to sustain demurrers in a conspiracy lawsuit. The court held that a plaintiff cannot sue for conspiracy related to pending litigation until that litigation has been finally decided in their favor, citing public policy an