Dower Rights

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

• Story v. First Nat'l Bank & Tr. Co. in Orlando
  103 Fla. 399· Fla.· 1931-11-04 ·cited 12×
  The Story family challenged a will creating a trust estate and sought appointment of an administrator pendente lite to manage the deceased's properties while disputing the trust's validity. The Florida Supreme Court held that when a will contest raises genuine issues about the va
• Reddick v. Meffert
  32 Fla. 409· Fla.· 1893-06-01 ·cited 12×
  The court considered whether a landowner could seek an injunction against timber cutting on their property, even without actual physical possession. The court found that a state statute allowed for such injunctions to protect timbered lands from trespassers, regardless of the own
• In re Est. of John D. O'Neal v. Mrs. Y. W. O'Neal
  142 So. 2d 315· Fla. 2d DCA· 1962-06-20 ·cited 11×
  The Citizens National Bank as executor of John D. O'Neal's estate appealed a probate court order awarding Mrs. Venditti (the decedent's mother) a one-third interest in O'Neal Pest Control. The appellate court reversed on jurisdictional grounds, holding that county probate courts
• Simmons v. Simmons
  122 Fla. 325· Fla.· 1936-01-06 ·cited 11×
  In this divorce case, the husband successfully proved adultery against the wife, while the wife proved extreme cruelty against the husband. Both were granted divorces on their respective grounds. The Florida Supreme Court affirmed the trial court's denial of alimony and cancellat
• Shoemaker v. Powers
  78 Fla. 20· Fla.· 1919-06-24 ·cited 11×
  This appeal concerns whether Margaret F. Powers validly conveyed land to L. Memminger, who immediately reconveyed it to Stephen Powers (Margaret's husband), or whether Margaret retained title and devised the land through her will to her three children including the appellants. Th
• 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
• Bushnell v. Dennison
  13 Fla. 77· Fla.· 1869-01-01 ·cited 11×
  This case addresses the distribution of personal property derived from a deceased father when an infant dies without issue. The court reversed Jones v. Dexter, holding that personal property of an infant should follow the same inheritance rules as real property under Florida's de
• In re Est. of James R. Pearson
  192 So. 2d 89· Fla. 2d DCA· 1966-11-16 ·cited 10×
  This case of first impression addresses whether an incompetent widow's dower right survives her death before the probate court rules on an election filed on her behalf. The court held that once an incompetent widow dies, the guardian's power terminates and the court loses jurisdi
• Commissioner OF Internal Revenue v. Homer H. and Ina Mae Marshman
  279 F.2d 27· 6th Cir.· 1960-05-31 ·cited 10×
  The court held that the impossibility of valuing a wife's rights to support and property in a divorce settlement prevents the husband from realizing a taxable gain under Section 111(b) of the Internal Revenue Code, as the fair market value of the property received cannot be deter
• WAX v. Wilson
  101 So. 2d 54· Fla. 3d DCA· 1958-03-06 ·cited 10×
  In this foreclosure appeal, the court upheld a widow's dower rights against two mortgagees' claims that she was barred by the Statute of Westminster II or equitable estoppel. The court held that the Statute of Westminster II was inapplicable in Florida because it had been implied
• Allison v. MacKey
  188 F.2d 983· D.C. Cir.· 1951-01-25 ·cited 10×
  A husband cannot avoid specific performance of a real estate contract solely because his wife refuses to join in the conveyance, if the purchaser is willing to accept a deed from the husband alone without indemnity or abatement of price.
• Janes v. Janes
  153 Fla. 716· Fla.· 1943-11-23 ·cited 10×
  The court held that the appellant failed to prove the invalidity of the deed, and the chancellor's ruling that the deed was properly delivered was correct.
• 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 Daniel A. Udell
  482 So. 2d 458· Fla. 4th DCA· 1986-01-15 ·cited 9×
  The Fourth District Court of Appeal addressed the proper construction of a will provision incorporating a nuptial agreement that guaranteed the widow either one-third of the estate or $100,000, whichever is greater. The court held that the widow's devise was a general bequest und
• Morton v. Morton
  297 So. 2d 79· Fla. 3d DCA· 1974-04-09 ·cited 9×
  This case addresses whether a widow's dower right in Florida extends to personal property pledged as collateral by the decedent during his lifetime, and whether Florida courts can award dower in real property located outside Florida. The court held that dower attaches only to the
• Johnson v. Johnson
  140 So. 2d 358· Fla. 2d DCA· 1962-04-25 ·cited 9×
  A widow appealed a declaratory judgment upholding an antenuptial agreement that limited her to $10,000 and use of the home in lieu of dower, homestead, widow's allowance, and other statutory rights. The court affirmed, holding that the agreement was valid and enforceable based on
• Malcolm Stahl and wife v. Wilson
  121 So. 2d 662· Fla. 3d DCA· 1960-06-16 ·cited 9×
  A declaratory decree proceeding cannot be used to collaterally attack a final county judge's order regarding dower.
• Kearley v. Hunter
  154 Fla. 81· Fla.· 1944-02-18 ·cited 9×
  A divorced woman who remarried sought to reopen her divorce decree two years after entry to obtain additional alimony from her ex-husband's estate, claiming he fraudulently concealed his financial worth during settlement negotiations. The Florida Supreme Court held that her bill
• Lange v. Lange
  133 Fla. 447· Fla.· 1938-07-14 ·cited 9×
  This case involves a dispute over the estate of Fred A. Lange, Sr., and whether his widow Helen Dawson Lange has dower rights in property transferred to a family corporation and to his sons before their marriage. The Florida Supreme Court reversed the trial court's finding that t
• Royalty v. The Fla. Nat'l Bank of Jacksonville
  127 Fla. 618· Fla.· 1937-04-06 ·cited 9×
  The Florida Supreme Court affirmed the trial court's denial of a defendant's motions to quash service of process in an action by a bank seeking to recover an unpaid debt from a decedent's estate. The court held that constructive service by publication and service on a resident ag
• Crolly v. Clark
  20 Fla. 849· Fla.· 1884-06-01 ·cited 9×
  The Florida Supreme Court held that a will executed outside Florida with only two attesting witnesses is void as to Florida real property, and that under Florida's 1872 intestacy statute, a widow whose husband died out-of-state without children becomes sole heir at law to his Flo
• Allen v. Rowland J. Guthrie
  469 So. 2d 204· Fla. 2d DCA· 1985-05-22 ·cited 8×
  Emma Allen, claiming to be the widow of a decedent, filed a late notice of election to take a statutory share of the estate. The trial court struck the notice as untimely, and this court affirms, holding that strict statutory time limits for elective share elections cannot be rel
• In re the Est. of Lester Wartels v. Wartels
  338 So. 2d 48· Fla. 3d DCA· 1976-09-14 ·cited 8×
  The court affirmed a jury verdict awarding dower rights to a widow despite an antenuptial agreement, holding that the executor consented to the jury trial on the agreement's validity and that the trial court did not err in its jury instructions.
• Caidin v. Poley
  313 So. 2d 88· Fla. 4th DCA· 1975-05-09 ·cited 8×
  The court held that the trial court erred in denying judgment for the plaintiff on the grounds of insufficient witnesses and mutual mistake, and that the defendant breached the contract.
• Dolan v. Allyn M. Wright
  289 So. 2d 777· Fla. 4th DCA· 1974-02-15 ·cited 8×
  The court held that two witnesses are not required for a wife's signature on a real estate contract for deed unless the property is homestead, even if dower rights are involved.
• Risher v. United States
  465 F.2d 1· 5th Cir.· 1972-08-10 ·cited 8×
  The court held that the IRS correctly applied Alabama law to determine the marital deduction, requiring consideration of the wife's separate estate statute in calculating the pretermitted heir's share.
• In re Est. of Earl B. Rogers
  199 So. 2d 741· Fla. 4th DCA· 1967-05-29 ·cited 8×
  The court held that an earlier order recognizing a widow's right to dower was not a final, appealable judgment and therefore not binding on the probate court.
• Rubin v. Est. of Herman C. Rubin
  144 So. 2d 527· Fla. 3d DCA· 1962-09-18 ·cited 8×
  A widow is entitled to dower in the full value of securities purchased through a broker on margin, not merely the net proceeds after deduction of the broker's margin obligation. The indebtedness to the broker is an obligation to a third party and not a limitation on the widow's d
• In re Est. of Maurice Clay Simpson v. Simpson
  113 So. 2d 766· Fla. 2d DCA· 1959-07-22 ·cited 8×
  A widow who elected to take dower in her deceased husband's estate sought to compel the executor to pay a mortgage debt that the mortgagee (the decedent's mother) had claimed but then withdrawn. The court held that a mortgagee has the right to withdraw a claim against the estate
• Bishop v. Bishop
  257 F.2d 495· 3d Cir.· 1958-05-01 ·cited 8×
  The court held that the clean hands doctrine was improperly applied and that a trust deed lacking essential terms and a named beneficiary should fail, allowing the settlor to reclaim her property.
• Omwake v. Omwake
  70 So. 2d 565· Fla.· 1954-02-16 ·cited 8×
  Jacob Omwake sued to set aside warranty deeds conveying real property, claiming his name was forged by his wife Marjorie. The Florida Supreme Court affirmed the lower court's dismissal, holding that Omwake was estopped from repudiating the deeds because he had ratified the transa
• Cobb v. United States
  172 F.2d 277· D.C. Cir.· 1949-01-10 ·cited 8×
  A senior federal tax lien is superior to a junior lien created by congressional legislation for the District of Columbia.
• Fahs v. Merrill
  142 F.2d 651· 5th Cir.· 1944-05-03 ·cited 8×
  The court held that the notice of appeal was sufficient and that the transfer of funds into trust was a taxable gift because the release of marital rights in an antenuptial agreement does not constitute adequate and full consideration in money or money's worth.
• Fox v. Korshinsky
  97 Fla. 503· Fla.· 1929-04-09 ·cited 8×
  Fox seeks specific performance of a written contract to purchase land from Korshinsky for $3,000. The Florida Supreme Court affirms the trial court's overruling of Korshinsky's demurrer, holding that the contract satisfies the statute of frauds and contains sufficiently definite
• Witham v. Shepard
  84 Fla. 75· Fla.· 1922-07-01 ·cited 8×
  A purchaser sought specific performance of a real estate contract after the seller refused to convey property. The Florida Supreme Court affirmed the lower court's dismissal, holding that on conflicting testimony regarding whether the parties modified the contract's payment terms
• Terwilliger v. Ballard
  64 Fla. 158· Fla.· 1912-06-01 ·cited 8×
  This case involves a dispute over the foreclosure of a mortgage and the execution of a trust deed concerning an orange grove. The court determined that a trust deed, intended to secure a debt, should be treated as a mortgage. The appellate court reversed the lower court's decree
• Finlayson v. Love
  44 Fla. 551· Fla.· 1902-06-01 ·cited 8×
  In this ejectment action, the Florida Supreme Court reversed judgment against the administrator and heir of a deceased defendant because the lower court improperly sustained demurrers to pleas questioning whether the administrator and the widow were necessary and proper parties t
• Rain v. Roper
  15 Fla. 121· Fla.· 1875-01-01 ·cited 8×
  Rebecca Rain sought dower rights in lands that her deceased husband had contracted to sell to James Roper before their marriage. The Florida Supreme Court held that a widow cannot claim dower in lands subject to a valid pre-marital contract of sale, but only if the purchaser comp
• Alphonse Loubat v. Nourse
  5 Fla. 350· Fla.· 1853-01-01 ·cited 8×
  The Florida Supreme Court held that real estate purchased with partnership funds and held as partnership property is treated as personalty in equity for purposes of satisfying partnership debts, and therefore a widow cannot claim dower in such property when it has been conveyed t
• Domer D. Daniel v. Daniel
  171 So. 2d 180· Fla. 2d DCA· 1965-01-08 ·cited 7×
  A court cannot grant an absolute divorce to a party who only sought alimony without divorce, as these are separate causes of action under Florida law. Additionally, a lump sum alimony award unconnected with divorce is improper.
• Roan v. Geo. M. Holmes
  32 Fla. 295· Fla.· 1893-06-01 ·cited 7×
  Mary Jernigan sought dower rights in land her deceased husband owned, but the defendants claimed a mortgage she had joined in 1856 barred her claim. The Florida Supreme Court held that while the mortgage conditionally released her dower interest, it was not foreclosed and had not
• Goldie Topper v. Stewart
  449 So. 2d 373· Fla. 3d DCA· 1984-04-24 ·cited 6×
  Sarah Liptzen's estate appeals a trial court judgment limiting her recovery to $10,000 under a prenuptial agreement, claiming Sam improperly purchased over $300,000 in securities in his name alone rather than jointly as the agreement required. The appellate court reverses and rem
• Fed. Land Bank OF ST. Louis v. Wilson
  719 F.2d 1367· 8th Cir.· 1983-10-31 ·cited 6×
  The court held that the FmHA could reallocate proceeds from a chattel sale due to a mistake, absent prejudice to third parties or prior debtor direction. It also held that the Farm Credit Act preempts state usury laws for Federal Land Banks and that divorce property division is s
• 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
• Dolly Cusker Akers v. Rogers C. B. Morton
  499 F.2d 44· 9th Cir.· 1974-06-20 ·cited 6×
  The court held that the Secretary's determination that the husband's will was valid and that the wife had no dower interest in the restricted Indian allotment land was supported by substantial evidence and within the Secretary's limited discretion.
• Elvin Brown v. Floyd
  202 So. 2d 215· Fla. 1st DCA· 1967-08-03 ·cited 6×
  Elvin Brown appealed from a partition decree affecting a 200-acre estate inherited from his deceased father. Brown claimed ownership of 80 acres based on a 1934 deed from his mother and asserted title through adverse possession and operation of Florida's statutes of limitations.
• Rudolf A. Bernatschke and Cathalene Crane Bernatschke v. The United States
  364 F.2d 400· Ct. Cl.· 1966-07-15 ·cited 6×
  Annuity payments received by a former wife, purchased with funds from a lump-sum divorce settlement based on her dower rights and not on the husband's support obligation, are taxable under Section 72, not Section 71, of the Internal Revenue Code.
• 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
• 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
• Union Tr. Co. v. Dixie Lucille Black Baker
  143 So. 2d 565· Fla. 2d DCA· 1962-07-06 ·cited 6×
  An executor of a deceased person's estate appeals the award of dower to the widow, arguing she forfeited her dower rights through desertion and adultery under the Statute of Westminster II. The court affirmed the lower court's award of dower, finding the factual predicate for the