Mullins v. Brock

63 So. 2d 510, 1953 Fla. LEXIS 1131
CourtSupreme Court of Florida
DecidedMarch 3, 1953
StatusPublished
Cited by1 cases

This text of 63 So. 2d 510 (Mullins v. Brock) 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
Mullins v. Brock, 63 So. 2d 510, 1953 Fla. LEXIS 1131 (Fla. 1953).

Opinion

DREW, Justice. .

J. H. Brock died testate leaving surviving him his widow, Ella Sims Brock, six children of a former marriage and the wife and children of a deceased child of a former marriage. Among the property left by deceased was the sum of approximately $28,000 in cash and three U. S. Government Savings Bonds having a maturity value of $2,500 registered in the name of deceased and payable on his death to his widow, Ella Sims Brock. This controversy centers around these two items of personal property.

The widow and children met at the home of deceased shortly after his death and divided the cash among themselves, each taking one-eighth. The bonds in question were retained by the widow, along wtih other items of personal property not involved in this appeal.

The widow filed her election to take dower and shortly thereafter the executor of the estate filed in said cause a petition requesting the County Judge to determine the ownership and value of certain items of personal property and whether the widow should be forced to account to him for the same and for certain relief concerning a claim by the widow and the widow’s “right of dower as well as the admeasurement thereof.” In her reply — as far at it relates to the issues involved here —the widow expressly denied that the value of the bonds “should be considered as a part or portion of the estate of J. H. Brock for distributive purposes under the several provisions of the Florida Probate Law of 1933, as amended and claims same as her sole property.” As to the $28,000 in cash,, she alleged:

“Further answering the petition filed in this cause, Ella Sims Brock, by her undersigned attorney, says: That immediately upon the death of her husband, J. H. Brock, respondent and the heirs mentioned in the petition filed in this cause, divided in equal shares the approximate sum of twenty eight thousand dollars ($28,000.00) in United States currency left in the actual custody and possession of respondent 'by the said J. H. Brock; that said amount has not been included in the total computation of the assets of the estate.”

In an amended petition filed later the widow further alleged:

“III. That the said J. H. Brock died owning $28,000.00 in lawful money of the United States of America, which sum of money has not been included in the assets of the estate of J. H. Brock by inventory or otherwise; that said sum of money was owned by the said J. H. Brock and was in his possession-in his home at the time of his death.
. “IV. That petitioner, having filed her election to take dower in the manner prescribed by law, is entitled to her dower interest in the $28,000.00 which the said J. H. Brock owned at the time of his death.”

The prayer in the petition was for a determination of her right of dower in the [512]*512$28,000 and that the court assign said dower interest in said sum.

The children of the deceased, in their answer alleged, inter alia, that “prior to his death, J. H. Brock made a gift of the money referred to in said petition to his widow and heirs, that said money did not belong to the deceased at the time of his death and does not now constitute any part of his estate.” ■ They also alleged, in an additional answer:

“Said Ella Brock, the widow of the deceased, soon after the death of the deceased, divided or participated in the division of, the money referred to in said petition among herself and the heirs at law of the deceased, and thereafter, when the attorney for the executor was endeavoring to ascertain from her, the said widow, what the assets of the estate consisted of, wilfully and designedly failed and refused to advise said attorney of said money, when she had ample opportunity and it was her duty to so advise him. As a' consequence thereof, said money was not shown on the inventory as an asset of the estate, and the said Ella Brock is now estopped from claiming that said money is an asset of the estate.”

Extensive hearings were held before the Honorable E. C. Welch, Circuit Judge, acting for and on behalf of the County Judge of Washington County, disqualified. The court heard all the witnesses and had the advantage of seeing them testify and of observing their demeanor and attitude on the stand. The evidence on the matters before him was conflicting; many of the witnesses —in fact most of them — had a direct interest in the outcome of the litigation. The trial court disposed of the matter by final judgment in which he held, among other things, that the widow was entitled to dower in the $28,000, which had been theretofore divided- among the widow and the heirs. The court also held “that the United States Savings Bonds * * * form- a part of the estate of J. H. Brock, deceased only for the purpose of admeasurement of the widow’s dower * * (Emphasis supplied).

An appeal was taken by the heirs (appellants here) to the Circuit Court from that part of the final judgment holding that the widow was entitled to dower in the $28,000. The widow filed cross assignments of error to that part of the final judgment relating to the Savings Bonds. The Circuit Court affirmed the. judgment in its entirety.

An appeal was taken to this Court from the Circuit Court’s order of affirmance by appellants. The error assigned was the same as that assigned in the appeal to the Circuit Court viz., that the Circuit Court erred in affirming that -part of the final judgment holding that the widow was entitled to dower in the $28,000. -Cross assignments were filed by appellee widow, in which she insists the Circuit Court erred in affirming that portion of the final judgment relating to the Savings Bonds.

Whether the deceased actually made a bona fide inter vivos gift of the $28,000 to his widow and his children prior to his death was a factual matter to be determined from the evidence. The trial court was in a particularly advantageous position to weigh the evidence in this respect. His findings were affirmed by the Circuit Court and our analysis thereof brings us to the inescapable conclusion that there is ample — in fact abundant — credible evidence to support these findings. Under such circumstances we hereby affirm the judgment of the lower court in this respect and affirm his-judgment holding that such sum of money was an asset of the estate of J. B. Brock and that the widow was entitled to the dower therein.

The United States Savings Bonds involved in this litigation were worded exactly as and are the same type of bonds which were involved in the case of In re Briley Estate, 155 Fla. 798, 21 So.2d 595, 598. In that case this Court very exhaustively dealt with the question of whether -bonds of this character became the property of the survivor or became a part of the deceased’s estate to be administered under the laws of Florida for the distribution of intestate estates. We reached the conclusion that such bonds constituted a contract between the United States and [513]*513the deceased for the benefit of the survivor; that such contract was controlled by Federal law and that it may be enforced by the survivor irrespective of the laws of Florida governing-the distribution of estates. We further said in that case “that on the death of the registered owner, a Savings Bond [of the type under discussion] becomes the property of the surviving designated beneficiary.”

In the instant case the trial court held that these bonds constituted a part of the estate of the deceased for the purpose of admeasurement of dower,

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Bluebook (online)
63 So. 2d 510, 1953 Fla. LEXIS 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullins-v-brock-fla-1953.