Landers v. Sherwin

OWEN, Judge.

Appellee brought suit against the executrix of her father’s estate seeking to have the court impose a constructive trust for appellee’s benefit on a portion of the estate assets. By summary judgment the court granted the relief sought and the executrix appeals.

Presented in this case is the question of whether the statute of non-claim, F.S. Section 733.16, F.S.A., would apply as a bar to the plaintiff’s suit. We hold that the statute does apply and we reverse the judgment in favor of plaintiff.

Plaintiff’s parents, Harold and Lillian Labowitz, were divorced in May, 1950. The final…