Legal Opinion

In Re: Barrett Estate v. Cooke

Supreme Court of Florida

Decided January 6, 1948PublishedCited by 6 opinions

1Opinion of the Court

BUFORD, J.:

We have for determination the construction of the effect of certain language used in a will.

The involved clauses of the will were construed by the County Judge sitting in probate. From his judgment appeal was taken to the Circuit Court of Dade County where, by three to one decision, the judgment was reversed. The opinion and judgment of the Circuit Court as expressed by Judge Williams and concurred in by Judges Wiseheart and Carroll, is as follows :

“The 11th and 18th provisions of the last will and testament of Mary Elizabeth Barrett provided:
“ T give and bequeath unto Chittenden…

2Cases cited4 opinions

  1. Kunkel v. KunkelSupreme Court of Pennsylvania · 1920
  2. Hooper v. Stokes, as Exr.Supreme Court of Florida · 1933
  3. Lowrimore v. First Savings & Trust Co.Supreme Court of Florida · 1931
  4. Williams v. WilliamsSupreme Court of Florida · 1942

3Cited by6 opinions

  1. In Re Estate Of Florence Voelzel Kerr, A/K/A Florence V. Kerr, Deceased. Ralph L. Atchison, Administrator, C.T.A.Court of Appeals for the D.C. Circuit · 1970
  2. Royston v. WattsMissouri Court of Appeals · 1992
  3. Atchison v. HallCourt of Appeals for the D.C. Circuit · 1970
  4. Matter of Estate of RehwinkelCourt of Appeals of Washington · 1993
  5. In re Trust Under the Last Will & Testament of HennesDistrict Court of Appeal of Florida · 1970

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