Benedict v. Wilmarth
Supreme Court of Florida
This case was decided by Division A. Appealed from Circuit Court for Duval count}'. Statement. On the twenty-fifth day of August, 1899, Mary E. Benedict filed her bill in the Circuit Court of Duval county, Florida, against Thomas S. Wilmarth as executor of the'last wjll and testament of Charles B. Benedict, deceased, William H. Benedict, a person of unsound mind, William N. Benedict as guardian of the person and property of William H. Benedict, Walter N. Benedict in his own…
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This case was decided by Division A. Appealed from Circuit Court for Duval count}'. Statement. On the twenty-fifth day of August, 1899, Mary E. Benedict filed her bill in the Circuit Court of Duval county, Florida, against Thomas S. Wilmarth as executor of the'last wjll and testament of Charles B. Benedict, deceased, William H. Benedict, a person of unsound mind, William N. Benedict as guardian of the person and property of William H. Benedict, Walter N. Benedict in his own right and person, all of Duval county, Florida, Eugene F. Benedict of Cleveland, Ohio, Gertrude H. Steele and Helen B.…
1Opinion of the CourtHocker, J.
(after stating the facts). — We think that the following questions are presented to us by this record: 1st. Did Mary E. Benedict by qualifying as executrix of her husband’s will, and b}r uniting with the coexecutor in foreclosing several mortgages of the estate, and by buying in the property for the use of the estate, thereby elect the provisions made for her in the will, and was she thereby es-topped from afterwards dissenting from the will, and from electing to take a child’s part in lieu of the provisions of the will, and in lieu of dower?
2nd. If the answer to the above question iá in the…
2Cases cited11 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Dean v. HartSupreme Court of Alabama · 1878
- Lilly v. MenkeSupreme Court of Missouri · 1898
- Adams v. AdamsSupreme Court of Alabama · 1864
- Saunders v. RichardSupreme Court of Florida · 1895
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3Cited by14 opinions
- Murphy v. MurphySupreme Court of Florida · 1936
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- Milam v. DavisSupreme Court of Florida · 1929
- Allen v. AllenSupreme Court of Florida · 1933
- Pace v. PaceIllinois Supreme Court · 1915
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