Eldridge, Dunham & Co. v. Post
Supreme Court of Florida
Appeal from the Circuit Court for Leon county. The 2d, 3d, 4th and 5th items of the last will and testament of Mr. David C. Wilson, Sr., were as follows: Second.
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Appeal from the Circuit Court for Leon county. The 2d, 3d, 4th and 5th items of the last will and testament of Mr. David C. Wilson, Sr., were as follows: Second. I will and direct that the present mercantile business of D. C. Wilson & Co. be continued during the natural life of my wife, Elizabeth Wilson, provided the same can be done with profit and satisfaction, under the supervision of my said executors and executrices, one-half of the net profits thereof to. go to the credit of D. C. Wilson, Jr., and the other half to the credit of my estate. [This business was discontinued some time…
1Opinion of the Court
The Chief Justice delivered the opinion of the court.
This is a controversy between creditors.
X). C. Wilson, Jr., on August 1, 1873, assigned by an indenture, not witnessed or recorded, to appellants, so much of the estate of his father, then deceased, as would amount. *581to two thousand dollars, to secure their claim against him amounting to $1,8 L6.85. The estate was principally real property, in which D. C. Wilson, Jr. had, under the will ■of his father, a vested remainder in fee, to vest in possession upon the death of his mother. His mother died in November, 1880. This assignment was not…
2Cases cited5 opinions
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
- Guiteau v. WiselyIllinois Supreme Court · 1868
- Massey v. WestcottIllinois Supreme Court · 1866
- Massey v. HubbardSupreme Court of Florida · 1882
- McFadden v. WorthingtonIllinois Supreme Court · 1867
3Cited by7 opinions
- Mansfield v. JohnsonSupreme Court of Florida · 1906
- Tucker v. Crown CorporationSupreme Court of Florida · 1938
- Lusk v. ReelSupreme Court of Florida · 1895
- Freligh v. MaurerDistrict Court of Appeal of Florida · 1959
- Jackson v. DuttonSupreme Court of Florida · 1903
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