Brown v. Avery ex rel. Avery
Citations
- 63 Fla. 355
Syllabus
<p>1. Section 2272 of the General Statutes of 1906 provides that every last will and testament disposing of real estate shall be attested and subscribed in the presence of the testator by two or more witnesses, and Section 2273 provides that “no such devise or disposition of lands, tenements or hereditaments, or any part or cause thereof, shall be revocable by any other will or codicil, unless the same be in writing and made as aforesaid;” Held, that the provision in such Section 2273 has no appicability • to personal property; even though such personal property be embraced in a will divising real estate.</p> <p>2. Section 2274 of the General Statutes of 1906, providing that “all wills of personal property shall be in writing and signed by the testator or some other person in his presence, and by his express direction,” is practically declaratory of the rule ajready existing at common law. No subscribing witnesses thereto are requisite. .</p> <p>3. A will executed in this State, purporting to devise both real apd personal estate within this jurisdiction, but with no subscribing witnesses thereto, is valid as to the personalty, if valid in other respects, though inoperative as to the real estate.</p> <p>4. A demurrer admits the truth of all such matters of fact as 'are sufficiently pleaded, but allegations of mere conclusions of law are not admitted by a demurrer, for the law is to be ascertained by the court.</p> <p>5. A demurrer does not admit as true allegations which the law would not allow to be proved.</p> <p>6. As a general rule, parol evidence is inadmissible for the purpose of showing that an instrument purporting to be a will, fair and regular on its face, properly executed as such, was not intended to operate as a will.</p>
Judges: Cockrell, Hocker, Shackleford, Taylor, Whitfield
Read full opinion on CourtListenerCited by
12 cases in this archive cite this case.
- Amos v. GunnSupreme Court of Florida· 1922-04-07· cited 91×
- Brickell v. TrammelSupreme Court of Florida· 1919-05-05· cited 74×
- Newman v. SmithSupreme Court of Florida· 1918-06-10· cited 51×
- Apalachicola Land & Development Co. v. McRaeSupreme Court of Florida· 1923-11-08· cited 27×
- Sewell v. HuffstetlerSupreme Court of Florida· 1922-05-19· cited 19×
- Perkins v. O'DonaldSupreme Court of Florida· 1919-05-21· cited 17×
- In Re Estate of KavcicDistrict Court of Appeal of Florida· 1977-01-14· cited 7×
- Ronnoc Grove Co. v. Coe-Mortimer Co.Supreme Court of Florida· 1922-03-15· cited 7×
- Richberg v. RobbinsCourt of Appeals of Tennessee· 1950-01-07· cited 6×
- Cornwell v. WillifordSupreme Court of Florida· 1917-02-08· cited 3×
- First Baptist Church v. American Board of Commissioners for Foreign MissionsSupreme Court of Florida· 1913-12-10· cited 2×
- Exchange National Bank v. TatroSupreme Court of Florida· 1940-05-24
Cites
12 cases in this archive are cited by this case.
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida· 1907-01-15· cited 120×
- In re Kennedy's EstateMichigan Supreme Court· 1910-02-03· cited 23×
- McClinton v. ChapinSupreme Court of Florida· 1907-06-15· cited 21×
- Floyd v. SmithSupreme Court of Florida· 1910-01-15· cited 21×
- Toebbe v. WilliamsCourt of Appeals of Kentucky· 1883-01-30· cited 15×
- Rivers v. BrownSupreme Court of Florida· 1911-06-15· cited 14×
- Fleming v. MorrisonMassachusetts Supreme Judicial Court· 1904-12-15· cited 13×
- Robinson v. RandolphSupreme Court of Florida· 1885-06-15· cited 12×
- Hays v. ErnestSupreme Court of Florida· 1893-06-15· cited 9×
- H. W. Metcalf Co. v. County of OrangeSupreme Court of Florida· 1908-06-15· cited 9×
- McLeod v. DellSupreme Court of Florida· 1861-07-01· cited 8×
- Jenkins v. MerrittSupreme Court of Florida· 1879-06-15· cited 8×
Sourced from CourtListener / Free Law Project (CC0).
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