Dower Rights

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

• TOD v. Fuller
  78 So. 2d 713· Fla.· 1955-02-09 ·cited 6×
  This case involves a dispute over the estate of Andrew Kinnaird Tod between his daughter from his first marriage (Elizabeth Tod) and his second wife (Constance Fuller). The court affirmed the lower court's decree awarding the daughter the net estate minus the widow's dower rights
• Hopkins v. Magruder (two cases)
  122 F.2d 693· 4th Cir.· 1941-09-10 ·cited 6×
  In Case No. 4792, a wife's dower interest in her husband's reversionary estate subject to a life estate is not recognized under Maryland law and thus not deductible for gift tax purposes. In Case No. 4793, a trust created with life insurance policies and stock for the benefit of
• Garcia v. The Exch. Nat'l Bank of Tampa
  123 Fla. 726· Fla.· 1936-04-18 ·cited 6×
  In this mortgage foreclosure case, the Florida Supreme Court affirmed the trial court's finding that Ida Garcia had no dower rights in mortgaged property because the evidence did not clearly and exactly prove the existence of a common law marriage between Ida and Jose Garcia as r
• Williams v. Williams
  114 Fla. 733· Fla.· 1934-05-10 ·cited 6×
  A widow sought to disclaim provisions in her deceased husband's will and claim dower rights instead, but failed to file written notice of dissent within the statutory one-year period. The Florida Supreme Court affirmed dismissal of her bill of complaint, holding that statutory di
• Croker v. Croker
  S.D. Fla.· 1925-07-22 ·cited 6×
  Richard Croker acquired property in Florida and occupied it as his homestead with his wife until his death in 1922. His children challenged the validity of various conveyances and contracts affecting the homestead, arguing that the property descended to the widow and heirs under
• Roper v. Hackney
  15 Fla. 323· Fla.· 1875-06-01 ·cited 6×
  Creditors sought to set aside real estate conveyances by James S. Hackney as fraudulent transfers designed to hinder debt collection. The Florida Supreme Court affirmed the lower court's finding that the first two conveyances were fraudulent but modified the decree to clarify the
• Rutenberg v. Rutenberg
  334 So. 2d 633· Fla. 2d DCA· 1976-06-30 ·cited 5×
  In this dissolution of marriage appeal, the wife challenged the alimony award and claimed an interest in rental income from long-term land leases based on her name appearing as a lessor. The appellate court affirmed the trial court's finding that no gift or tenancy by the entiret
• Evans v. Summerlin
  19 Fla. 858· Fla.· 1883-01-01 ·cited 5×
  Summerlin purchased land from Elizabeth Evans in 1873 and received a deed with technical defects: the husband's name did not appear in the body of the deed, and the acknowledgment referenced dower despite the wife conveying her entire fee interest. The Florida Supreme Court held
• 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 Samuel Donner v. Anton
  364 So. 2d 753· Fla. 3d DCA· 1978-10-03 ·cited 4×
  This probate case addresses the priority of competing claims against a deceased's estate, including dower rights of the surviving spouse, alimony arrearages from a prior divorce, and contractual claims for specific performance based on a promise to make a will. The court holds th
• Howe v. Est. of Howard F. Howe
  349 So. 2d 1200· Fla. 1st DCA· 1977-09-02 ·cited 4×
  Dorothy Howe appealed a jury verdict denying her claim for dower rights against her deceased husband's estate, arguing she did not waive those rights by an antenuptial agreement. The core issue was whether the agreement's two-year dissolution clause applied only to divorce or als
• 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
• In re Est. of Phillips Kindy v. Krongold AND Bass, P. A.
  310 So. 2d 349· Fla. 3d DCA· 1975-03-11 ·cited 4×
  Vernamae Kindy appeals an order enforcing an attorney's lien for 20% of her dower recovery against the law firm Krongold and Bass. The court reverses, holding that where an attorney-client relationship already exists and a new contingency fee agreement is entered into, the attorn
• In re Est. of Berry L. Ingram v. Byrl D. Ingram
  302 So. 2d 204· Fla. 2d DCA· 1974-10-30 ·cited 4×
  The court held that the wife's delivery of the separation agreement to her attorney with instructions to hold it did not constitute valid delivery to the deceased husband, and thus the agreement was not binding.
• In re Est. of William W. Hiley
  262 So. 2d 476· Fla. 4th DCA· 1972-04-24 ·cited 4×
  This appeal addresses two issues regarding dower rights: whether a widow's election to take dower vests before actual assignment of property, and whether standard warranty deed language divests a widow of dower in property held as a tenancy by the entireties. The court held that
• Commissioner OF Internal Revenue v. Callner
  287 F.2d 642· 7th Cir.· 1961-03-14 ·cited 4×
  The court held that the taxpayers' transfer of property to their corporation was not a taxable dividend distribution because their intent was to loan the property for credit purposes, not to convey title.
• Horne v. Isola Sewell and Marjorie Lucille Holt
  118 So. 2d 643· Fla. 1st DCA· 1960-03-15 ·cited 4×
  This interlocutory appeal challenges the trial court's order striking the defendant's second and third defenses and dismissing his counterclaim in a suit for specific performance of a real property guaranty agreement. The appellate court held that the struck defenses raised equit
• In re the Est. of Clifford A. Payne v. Burdette Garrison
  83 So. 2d 109· Fla.· 1955-11-02 ·cited 4×
  This case concerns a widow's dower rights in her deceased husband's assets, specifically whether her share should be calculated on the gross or net amount due to him from a partnership agreement he entered into without her consent. The Florida Supreme Court held that her dower sh
• Busch v. Busch
  68 So. 2d 350· Fla.· 1953-11-17 ·cited 4×
  A Florida Supreme Court case affirming a divorce decree granted to the husband on grounds of extreme cruelty by the wife, rejecting the wife's argument that the doctrine of recrimination should have barred the divorce.
• Busch v. Busch
  62 So. 2d 68· Fla.· 1952-12-19 ·cited 4×
  The Florida Supreme Court held that an appeal from a divorce decree may proceed after the death of one party when property rights are implicated, even if the decree does not expressly adjudicate those rights. The court denied the executors' motion to dismiss the appellant's appea
• Parish's Estate v. Commissioner of Internal Revenue
  187 F.2d 390· 7th Cir.· 1951-02-26 ·cited 4×
  Gifts made by a decedent are not considered made in contemplation of death if they are part of a long-standing pattern of giving, motivated by a desire to benefit recipients during life, and not primarily driven by an imminent fear of death or to circumvent marital rights.
• Pearce v. Commissioner of Internal Revenue
  120 F.2d 228· 2d Cir.· 1941-05-19 ·cited 4×
• 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
• McCarty v. McCarty
  65 Fla. 332· Fla.· 1913-03-25 ·cited 4×
  In this equity case involving the estate of Sterling McCarty, the Florida Supreme Court reversed the circuit court's decision to deny defendants' motion to dismiss, holding that the bill was properly dismissible under Equity Rule No. 1 due to nearly thirteen years of abandonment
• Collions I. Pettit v. Coachman
  51 Fla. 521· Fla.· 1906-01-01 ·cited 4×
  A married woman sought to clear title to real property conveyed to her by her husband in 1893 after it was sold at execution to satisfy the husband's judgment debt. The Florida Supreme Court reversed the lower court's dismissal, holding that the wife's legal title was not affecte
• Williams v. Mansell
  19 Fla. 546· Fla.· 1882-06-01 ·cited 4×
  This case involves a dispute over a parol agreement for the sale of land. Complainants sought specific performance of a contract with the widow of the deceased landowner, but the court found the widow had no title to convey, rendering the agreement unenforceable against the heirs
• Putnam v. VIA
  638 So. 2d 981· Fla. 2d DCA· 1994-06-10 ·cited 3×
  A surviving second wife claimed an intestate share as a pretermitted spouse in her deceased husband's estate, challenging the claims of beneficiaries under a mutual will Edgar executed with his first wife before remarrying. The court held that Florida's strong public policy prote
• In re the Est. of Isaac Litzky v. Howard F. Ullman for the Estate of Isaac Litzky
  296 So. 2d 638· Fla. 3d DCA· 1974-05-28 ·cited 3×
  Rose Litzky appealed a probate court's determination that she was not the legal widow of Isaac Litzky and therefore not entitled to dower rights in his estate. The court held that Florida law recognizes only marriages entered into in good faith and in substantial compliance with
• In re Est. OF John R. Hatfield
  153 Fla. 817· Fla.· 1943-12-03 ·cited 3×
  The Florida Supreme Court addresses the rights of a pretermitted child (born after the execution of a will) in an estate where the widow has dissented from the will and elected to take dower. The court holds that the pretermitted child takes the entire estate less the widow's dow
• Fla. Nat'l Bank of Jacksonville v. Tavel
  126 Fla. 415· Fla.· 1936-12-05 ·cited 3×
  A widow who signed a written consent to her deceased husband's will sought to dissent from the will and claim a child's part of the estate instead. The Florida Supreme Court held that the widow's prior written consent and acceptance of benefits under the will did not constitute a
• McKeown v. Kelly
  116 Fla. 761· Fla.· 1934-10-05 ·cited 3×
  The Florida Supreme Court reversed and remanded a decree annulling a will and providing for partition of the decedent's estate. The reversal was necessitated by the death of the widow after the appeal was taken, which changed the legal status of her dower interest and required re
• Christopher v. Mungen
  71 Fla. 545· Fla.· 1916-04-18 ·cited 3×
  The Florida Supreme Court affirmed a partition decree in a dispute over lands in Duval County between the heirs of James Lewis (represented by Jane Mungen) and defendants claiming title through adverse possession and other defenses. The court rejected arguments that children born
• In re Est. of J. B. O'Steen v. McLEOD
  285 So. 2d 443· Fla. 1st DCA· 1973-11-20 ·cited 2×
  A widow elected to take dower instead of accepting provisions in her late husband's will. The husband's children contested, arguing she had received prior benefits from the estate that should be offset. The court reversed, finding insufficient evidence of benefits received and th
• Legge v. Albert A. Legge Land Co., Inc.
  276 So. 2d 208· Fla. 3d DCA· 1973-04-10 ·cited 2×
  The wife of a deceased husband sought to recover $275,000 from her husband's estate and assert dower rights after the husband conveyed property to a corporation, which was subsequently sold. The court affirmed the lower court's judgment denying relief, holding that the wife valid
• In re Est. of R. L. B.
  259 So. 2d 206· Fla. 2d DCA· 1972-03-15 ·cited 2×
  The estate of R. L. B. owned life insurance proceeds payable to the estate. L. C. B., an illegitimate child, sought distribution of the proceeds under Florida Statute § 222.13, which provides that such insurance shall benefit the spouse and children of the insured. The court affi
• 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 Stewart S. Cooper v. Parkinson
  186 So. 2d 844· Fla. 1st DCA· 1966-05-19 ·cited 2×
  The court held that the amended complaint sufficiently alleged negligence and proximate cause to state a cause of action against the Port Authority.
• In re Est. of Julius Lee Silverman v. Hyman Lerner and Dorothy Lerner
  163 So. 2d 321· Fla. 3d DCA· 1964-04-28 ·cited 2×
  Irene Carlson Silverman appealed the dismissal of her claim to dower rights as the alleged common-law wife of Julius Lee Silverman. The court affirmed the dismissal, holding that she failed to establish a prima facie case of common-law marriage and that her testimony regarding an
• Barkley v. Emlyn Methvin Spence Barkley
  314 F.2d 188· 5th Cir.· 1963-01-30 ·cited 2×
  A contract to execute a will in favor of children does not cut off the dower rights of a subsequent widow who married without notice of the contract.
• Robison v. Ruby I. Krause (Robison)
  136 So. 2d 373· Fla. 2d DCA· 1962-01-12 ·cited 2×
  Ruby Robison appeals an order denying her dower rights in her deceased husband's estate. The court affirms, holding that a wife's prior bigamous marriage during the subsistence of her first marriage does not automatically estop her from claiming dower, and the undisputed facts he
• 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
• In re Est. of Jacob Guze
  114 So. 2d 212· Fla. 3d DCA· 1959-08-18 ·cited 2×
  The court held that the order on mandate was not contrary to the prior appellate court's mandate and opinion.
• In re Simpson's Estate
  12 Fla. Supp. 183· Pinellas Cty. J. Ct.· 1958-08-20 ·cited 2×
  A widow cannot compel an estate to pay a withdrawn mortgage claim filed by a secured creditor, as the creditor has the right to waive payment from the estate.
• James v. Lopez and Charles A. Lopez
  96 So. 2d 463· Fla.· 1957-07-10 ·cited 2×
  Florida Supreme Court held that minor sons of a deceased testator need not elect between taking under their father's will and pursuing claims against his estate for misappropriated trust funds received as guardianship assets. The court rejected the presumption that a legacy to a
• In re Brock's Estate. Mullins v. Brock
  63 So. 2d 510· Fla.· 1953-03-03 ·cited 2×
  In this estate case, the Florida Supreme Court addressed whether U.S. Government Savings Bonds payable to the widow on the decedent's death became part of the estate for purposes of calculating dower, and whether $28,000 in cash divided among heirs and widow constituted estate pr
• McCLENDON v. Straub
  193 F.2d 596· 5th Cir.· 1952-01-11 ·cited 2×
  The court held that while federal jurisdiction existed to determine heirship, the order for sale of property was vacated to allow for estate administration and payment of debts.
• In re Shearson's Estate
  1 Fla. Supp. 24· Palm Beach Cty. J. Ct.· 1951-12-07 ·cited 2×
  A widow's dower interest, which qualifies for the federal marital deduction and does not increase the estate tax burden, is not liable for a proportionate share of estate taxes under Florida law.
• In re Fuchs' Estate
  1 Fla. Supp. 28· Dade Cty. Cir. Ct.· 1951-11-30 ·cited 2×
  The Florida appellate court affirmed a county judge's order exempting a widow's dower property and jointly-held property from estate tax liability, holding that such property qualifies for the marital deduction under federal law and is therefore not chargeable with the estate's t
• Smith's Estate v. Commissioner of Internal Revenue
  168 F.2d 431· 6th Cir.· 1948-06-07 ·cited 2×
  Income earned by an estate during administration is taxable to the estate, not the beneficiaries, unless it is required by the will or a court decree to be distributed currently.