Brokaw v. McDougall
Supreme Court of Florida
Appeal from the Circuit Court for Leon county. Peres B. Brokaw died leaving surviving him his widow, who is the appellant, and three children, Phoebe, Eliza and Abram. Abram died before the commencement of this suit, unmarried, without issue and intestate. The children of Peres were the issue of a former marriage.
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Appeal from the Circuit Court for Leon county. Peres B. Brokaw died leaving surviving him his widow, who is the appellant, and three children, Phoebe, Eliza and Abram. Abram died before the commencement of this suit, unmarried, without issue and intestate. The children of Peres were the issue of a former marriage. By his will he gave his property to the widow and his three children, share and share alike; providing, however, that on the death of the widow her share should go to the children. 'The widow was named as executrix, and qualified as such August 5, 1875. The bill was filed by said…
1Opinion of the Court
Tub Chief Justice delivered the opinion of the court.
The first ground of alleged error in the decree is the overruling of defendant’s demurrer “ to so much of complainant’s bill as prays that she may be required to elect to take either her dower or a homestead in the real estate mentioned,” the cause of demurrer being that complainants have not stated a case entitling them to such relief.
*225There are other prayers in the bill, the principal one being for a partition, and as to that the bill states a proper case for relief. A demurrer must be grounded upon a “ short point ” upon which it is clear…
2Cases cited3 opinions
- Wilson v. FridenburgSupreme Court of Florida · 1882
- Ex parte BrundingSupreme Court of Missouri · 1871
- Howze v. HowzeTexas Supreme Court · 1857
3Cited by15 opinions
- Wilson v. FridenbergSupreme Court of Florida · 1885
- Mullan v. Bk. of Pasco Co.Supreme Court of Florida · 1931
- Godwin v. KingSupreme Court of Florida · 1893
- Moore v. PriceSupreme Court of Florida · 1929
- Shone v. BellmoreSupreme Court of Florida · 1918
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