Staley v. Jackson

ALLEN, Acting Chief Judge.

Appellant, plaintiff below, appeals a summary final decree dismissing her action for a declaration of a constructive trust and an equitable lien against the estate of ap-pellees’ decedent.

The material facts are not disputed. Ap-pellees’ decedent, John C. Miller, died on October 20, 1960, and letters testamentary *350were issued in his estate on October 21, 1960. The notice to creditors required by Fla.Stat. § 733.15, F.S.A. (1961) was first published on October 24, 1960, and, in consequence, the time for filing claims established by Fla.Stats. §§ 733.15 and 733.-16,…