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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.
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75 Fla. 603·
Fla.·
1918-04-22
·cited 2×
A widow of a deceased man seeks to set aside an allegedly fraudulent inventory of her late husband's estate and to cancel two deeds conveying his real property, claiming the administrators and his sons conspired to defraud her of her dower rights. The Florida Supreme Court affirm
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61 Fla. 534·
Fla.·
1911-01-01
·cited 2×
On rehearing, the Florida Supreme Court affirmed its earlier decision that a deed of trust did not convey an estate of inheritance to the trustee but merely conferred a power to sell and convey the property in fee simple. The court held that the appellee has a legal title by inhe
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32 Fla. 329·
Fla.·
1893-06-01
·cited 2×
This Florida Supreme Court case addresses whether a husband without surviving children can devise his homestead property by will when a legal wife survives him. The court held that under the 1885 Florida Constitution, such a devise is permissible, but remains subject to the widow
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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
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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
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24 Fla. Supp. 42·
Dade Cty. Cir. Ct.·
1964-11-05
·cited 1×
A widow's dower interest in personal property is not superior to a third party's good faith pledge of that property made during the decedent's lifetime.
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92 So. 2d 183·
Fla.·
1957-01-16
·cited 1×
The Florida Supreme Court held that an executrix has standing to appeal a probate court order directing payment of attorney fees from estate funds, even when the fees directly benefit the minor heirs' guardian. The Court reversed the circuit court's dismissal and remanded for con
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S.D. Fla.·
1926-12-15
·cited 1×
Harry Mason transferred 500 shares of an unincorporated hotel business to his wife Bessie Mason in 1915, and the Commissioner of Internal Revenue added their value to his taxable estate upon his death in 1919, claiming the transfer was in contemplation of death. The court held th
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M.D. Fla.·
2017-07-21
-
2015 WL 4076965·
S.D. Fla.·
2015-07-06
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561 So. 2d 439·
Fla. 5th DCA·
1990-05-17
The court addresses the proper formula for calculating a surviving spouse's elective share under Florida probate law, holding that exempt property should not be deducted from the estate before computing the 30% elective share, contrary to prior practitioner guidance.
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792 F.2d 1278·
4th Cir.·
1986-06-17
The court held that a surviving spouse's dower interest is limited to the value of the deceased spouse's actual interest, considering prior encumbrances like long-term leases, and that the present value of a reversionary interest after a long-term lease is negligible.
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736 F.2d 1100·
6th Cir.·
1984-05-29
The court held that the taxpayer was liable for the full gain on the sale of the farm, could not report it on the installment basis due to the transfer of a note, and could not claim alimony deductions for payments made by the purchasers.
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325 So. 2d 480·
Fla. 4th DCA·
1975-12-12
In this divorce case, the appellate court reviewed a dissolution judgment awarding alimony to an elderly wife who had contributed services to her husband's business during their 20-year marriage. The court affirmed the lump sum alimony and medical expense provision but reduced th
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510 F.2d 579·
5th Cir.·
1975-03-31
The court held that the mitigation provisions of the Internal Revenue Code allowed the Commissioner to reopen tax years otherwise barred by the statute of limitations due to an inconsistent position taken in a prior related tax determination.
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309 So. 2d 588·
Fla. 4th DCA·
1975-03-21
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300 So. 2d 710·
Fla. 3d DCA·
1974-09-17
A Florida appellate court affirmed a probate judge's denial of dower rights to the surviving husband of a decedent, holding that amended dower statutes enacted after the decedent's death do not apply retroactively to estates where administration commenced before the effective dat
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297 So. 2d 316·
Fla. 1st DCA·
1974-07-11
The court held that the trial court erred in dismissing the complaint with prejudice because the contract's validity was not necessarily affected by the wife's signature or witness requirement, absent homestead or dower claims.
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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
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266 So. 2d 191·
Fla. 2d DCA·
1972-06-09
The court addressed whether an estate could be subrogated to a mortgage lien or obtain an indemnity lien after paying off a debt that the deceased sole obligor had incurred before transferring property to himself and his wife as tenants by the entireties. The court held that the
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446 F.2d 20·
5th Cir.·
1971-06-22
The court held that the complete liquidation of the corporation was effected in 1965, not 1964, as determined by the Tax Court.
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244 So. 2d 475·
Fla. 4th DCA·
1970-10-28
A church beneficiary of a residuary trust sought a writ of mandamus to compel the county judge to enforce distribution of estate assets pursuant to a prior appellate court mandate. The court dismissed the petition, holding that the probate court's subsequent orders authorizing ad
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412 F.2d 1313·
Ct. Cl.·
1969-07-16
The court held that the commuted value of a widow's dower interest, which vests at the husband's death, qualifies for the marital deduction as it is not a terminable interest.
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207 So. 2d 21·
Fla. 3d DCA·
1968-02-20
This case involves a wife's attempt to set aside a contract between her deceased husband and his son regarding partnership assets. The wife alleged the contract allowed for a sale below value and that her husband and son conspired to hide assets from her dower rights. The appella
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388 F.2d 849·
5th Cir.·
1967-12-19
Under Alabama law, a widow's dower interest does not automatically vest and is not considered a non-terminable interest for federal estate tax marital deduction purposes unless it has been requested and allocated.
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207 So. 2d 32·
Fla. 1st DCA·
1967-11-30
This case involves an appeal from a county judge's order recognizing a common law marriage and granting dower rights to the widow. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the determination of a common law marriage.
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194 So. 2d 636·
Fla. 2d DCA·
1967-01-25
The daughters of W. E. Mahaffey appealed a judgment denying homestead exemption for their deceased father's property, arguing it should have passed to them rather than being subject to their stepmother's dower interest. The court affirmed, holding that the property ceased to be h
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187 So. 2d 676·
Fla. 1st DCA·
1966-06-14
Roella Harper Gormley appealed the dismissal of her declaratory relief action challenging a postnuptial agreement she signed with her husband, Michael Bernard Gormley, who later became mentally incompetent. The court reversed the dismissal, holding that the complaint sufficiently
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347 F.2d 324·
4th Cir.·
1965-06-04
The court denied the petition for rehearing en banc, finding no new issues presented and reaffirming the prior decision.
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345 F.2d 746·
D.C. Cir.·
1965-04-22
A wife who signs a real estate sales contract solely as 'Wife of Seller' to release her dower interest is not a party to the contract or the subsequent building contract.
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158 So. 2d 538·
Fla. 3d DCA·
1963-12-13
Lillian Saperstein, widow and administrix of the decedent's estate, appeals a trial court order holding that her election to take dower precluded her from also claiming a $12,000 bequest under the will. The court affirmed, holding that Florida law does not permit a widow to take
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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
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19 Fla. Supp. 144·
Duval Cty. Cir. Ct.·
1962-03-15
Plaintiff claims she is the widow of L.E. O'Steen and seeks to impose a trust on property he conveyed to his daughters 71 days before they married, alleging the conveyance was fraudulent and made to defeat her marital rights. The court denies her claim, finding insufficient evide
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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
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120 So. 2d 797·
Fla. 2d DCA·
1960-05-20
Benjamin Colby sought declaratory relief and equitable relief in Florida challenging his marital status with Sarah Colby (now Sarah Appleby) who obtained a Nevada divorce decree that was later invalidated in Maryland. The court affirmed dismissal of his complaint, holding that de
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14 Fla. Supp. 157·
Dade Cty. J. Ct.·
1959-03-13
In this probate matter, a Florida county court addresses whether to revoke probate of a Puerto Rican decedent's will and administer the estate as intestate. The court determines that the will cannot be properly authenticated as a foreign will under Florida law and appoints the wi
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94 So. 2d 366·
Fla.·
1957-03-06
Title to the four lots vests in the grantees of John W. O'Neal (through Annie E. Stephens), not in the subsequent grantees of O'Neal's wife or O'Neal's later deed executed after notice of suit. The wife lacked authority to unilaterally declare her husband dead and convey property
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89 So. 2d 261·
Fla.·
1956-06-27
The Florida Supreme Court affirmed a lower court decree determining which properties of a deceased testator belonged to his estate and were subject to his will versus which properties belonged to his surviving spouse by right of survivorship or other legal title. The central issu
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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
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74 So. 2d 779·
Fla.·
1954-08-03
The Florida Supreme Court reviewed a trustee's petition for court instructions regarding attorney fees, trustee compensation, and expense allocation following settlement of litigation to preserve a trust corpus. The court affirmed most of the lower court's decision but reduced th
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6 Fla. Supp. 65·
Palm Beach Cty. J. Ct.·
1954-07-29
A widow's dower right in her deceased husband's partnership interest is based on the contractually agreed-upon purchase price, not the higher book value at the time of death, if the contract is valid.
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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
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6 Fla. Supp. 41·
Palm Beach Cty. Cir. Ct.·
1953-12-14
The court held that an agreement between a husband and his first wife to leave their estate to their child could be enforced against the second wife, even though she had no prior knowledge of the agreement, because Florida law allowed the husband to dispose of his property freely
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67 So. 2d 198·
Fla.·
1953-07-28
This appeal concerns the calculation of a widow's dower rights in her deceased husband's estate. The appellant challenged whether dower should be measured against the gross sale price of the real estate or the net price after deducting an allegedly encumbering purchase money mort
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D.D.C.·
1952-06-26
The court held that step-grandchildren lacked standing to challenge a marriage and property conveyance because their claim rested on an unprobated will.
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189 F.2d 331·
8th Cir.·
1951-05-31
The court held that a payment made to a spouse to secure a signature on a deed, which was a portion of the sale price, did not increase the cost basis of the property for tax purposes.
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183 F.2d 980·
D.C. Cir.·
1950-07-03
The court held that the appellant's claims against the United States and the District of Columbia were properly dismissed due to lack of jurisdiction and the statute of limitations, respectively.
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164 F.2d 989·
5th Cir.·
1947-12-11
The dissenting judge believes the trial court erred in holding the administrator's deed void solely because the prior administratrix's discharge had not been set aside, arguing Georgia law permits administration of dower property after the widow's death.
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159 Fla. 236·
Fla.·
1947-07-08
Rafael Ruesga appealed a probate judgment denying his claim for a distributive share of his deceased wife's estate. The Florida Supreme Court affirmed, holding that a 1933 settlement agreement between the parties, which preserved their inheritance rights, did not prevent the wife