Laramore v. Laramore

49 So. 2d 517, 1950 Fla. LEXIS 1653
CourtSupreme Court of Florida
DecidedDecember 22, 1950
StatusPublished
Cited by14 cases

This text of 49 So. 2d 517 (Laramore v. Laramore) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laramore v. Laramore, 49 So. 2d 517, 1950 Fla. LEXIS 1653 (Fla. 1950).

Opinion

49 So.2d 517 (1950)

LARAMORE et al.
v.
LARAMORE et al.

Supreme Court of Florida, Division B.

December 22, 1950.
Rehearing Denied January 12, 1951.

Isler & Welch, Panama City, for appellant Wewahitchka State Bank and Bank of Blountstown.

John H. Carter, Jr., Marianna, for appellant Hartford Accident & Indemnity Co.

Marion B. Knight, Blountstown, for appellants Maggie Laramore, Marion B. Knight, Perry Lee McClellan, J.K. Musgrove, as administrator of the estate of Marvin L. Laramore, deceased, and Leon Durham.

C.R. Mathis, Panama City, for appellees.

SEBRING, Justice.

The appeal is from a decree of the Circuit Court of Calhoun County, setting aside an order of the County Judge entered in a probate proceeding.

Marvin L. Laramore died intestate on April 17, 1947, leaving an estate considerably in excess of the gross value of $2000, exclusive of any property which might have been claimed to be exempt under the constitution and statutes of the State of Florida. By agreement of his six surviving brothers and sisters, one L.K. Musgrove was appointed administrator of the estate. At the time of decedent's death there was on deposit to his account in the Bank of Blountstown the sum of $3024.60, and on deposit to his account in Wewahitchka State Bank the sum of $5364.97. Immediately after the *518 death of the decedent one Maggie Laramore, who had been living and cohabiting with the decedent prior to his death, drew a check against the account of Marvin Laramore in the Bank of Blountstown for the purpose of paying funeral expenses. This check in the sum of $720 was honored by the bank.

On May 4, 1947, several days after his appointment, the administrator published a notice to creditors to file claims against the estate. During the month of May the administrator paid debts of the estate totaling $366.64, with checks drawn against the decedent's account in the Bank of Blountstown; the checks being signed "Estate of Marvin L. Laramore by J.K. Musgrove Administrator." So far as the record discloses, the acts of the administrator in drawing these checks against the bank deposit which at all times remained in the name of the decedent was the only effort made by the administrator to take any of the assets of the estate into his possession.

On May 26, 1947, Maggie Laramore filed a sworn petition in the County Judge's Court, entitled "Petition for Final Distribution of Assets of Estate," alleging in the petition that she was the lawful widow and sole heir of the decedent; that the administrator had paid and discharged all claims filed against the estate; that the petitioner was willing to assume liability for payment of any indebtedness which might be lawfully filed against the estate; and that an order should be entered dissolving the administration proceedings, decreeing no administration of the estate to be necessary, and directing the administrator and all persons, firms or corporations indebted to the estate "to pay over and deliver to your petitioner as sole heir of said estate all funds and personal property, belonging to said estate and vesting title in your petitioner to all real property belonging to said estate." Attached to the petition as an exhibit was a marriage certificate issued by the Ordinary of Seminole County, Georgia, which showed on its face that one Marvin L. Laramore and one Maggie Johnson Laramore had been united in marriage before the Ordinary on April 6, 1947, eleven days before the death of the decedent.

At the same time that Maggie Laramore filed her petition the administrator filed with the County Judge a paper styled "Final Report of Administrator," wherein it was averred that the administrator "joins Maggie J. Laramore in the petition for distribution in closing of said estate, it being made to appear to your Administrator by said petition and exhibits that Maggie J. Laramore, is the sole heir of said estate according to the laws of Florida, and further administration is unnecessary * * * that all claims filed with him against said estate have been paid, and there is no outstanding indebtedness as far as is known by your administrator. That the sum of $2304.60 was deposited in the Bank to the credit of Marvin L. Laramore, deceased, which is the only assets belonging to said estate which have been delivered to your Administrator. That from said amount your Administrator has paid and discharged all indebtedness [in the amount of $366.64] leaving a balance in your Administrator's hands in the sum of $1937.96, which amount your Administrator is ready to pay over to the Petitioner upon order of this Court."

Based upon the petition and the "Final Report of Administrator" the County Judge entered an order, without notice, decreeing "that the administration proceedings heretofore filed herein is unnecessary and that an order of no-administration is hereby entered herein. That the administrator, J.K. Musgrove, be, and he is hereby discharged and relieved of all duties and responsibilities as said administrator, and upon payment of the amount of assets in his hands to the said Maggie J. Laramore, the said J.K. Musgrove as Administrator, and his bond is hereby fully relieved and discharged from further liability in connection with said estate. That the said Maggie J. Laramore is the sole heir, according to law, of said estate, and as such is entitled to all of the real and personal property belonging to said estate, and all persons, banks, firms and corporations be, and they are hereby authorized and directed to pay over to her all monies belonging to said estate, and to deliver unto her all personal property belonging to said *519 estate. And the title to all real property belonging to Marvin L. Laramore, deceased, be and the same is hereby vested in the said Maggie J. Laramore."

Within a few hours after the entry of this order Maggie J. Laramore procured a certified copy thereof which she exhibited to the Bank of Blountstown and the Wewahitchka State Bank; demanding of the banks that they pay to her the funds on deposit to the account of the decedent at the time of his death. In reliance upon the order the banks acceded to the demand; the Bank of Blountstown paying to Maggie J. Laramore the balance of $1937.96 remaining in the deposit after the payment of funeral expenses and claims filed against the estate, and the Wewahitchka State Bank paying over the sum of $6079.97 which represented a $5364.97 deposit in the bank to the account of the decedent at the time of his death and a subsequent deposit of $715.97 to the account of the decedent which Maggie J. Laramore had made by depositing a check drawn on the bank by one D.C. Simpson and made payable to the order of "Estate of Marvin L. Laramore, deceased."

After the entry of the order Maggie J. Laramore also took into her possession all other assets of the decedent, including certain real estate, all household furniture and effects, an automobile, some guns, an out-board motor, a boat and more than $2000 in cash. She also received from M.B. Knight the attorney for the administrator — who, incidentally, acted as the attorney for Maggie J. Laramore in preparing her petition and procuring the entry of the order of no-administration, and also acted as attorney for the banks in advising them that they were under a lawful duty to pay over the bank deposits to Maggie J. Laramore pursuant to the order — certain personal property and effects of the decedent which had come into his possession after the death of the decedent but which he had not delivered to the administrator.

Twelve days after Maggie J.

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Bluebook (online)
49 So. 2d 517, 1950 Fla. LEXIS 1653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laramore-v-laramore-fla-1950.