Legal Opinion

Forrester v. Watts

Supreme Court of Florida

Decided February 28, 1917PublishedCited by 8 opinions

Appeal from Circuit Court for Jackson County; A. G. Campbell, Judge. Statement. Appellee, the complainant below, brought a bill for partition of real estate, in Jackson County, against Mary L. Forrester and Cary W. Forrester, her son.

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Appeal from Circuit Court for Jackson County; A. G. Campbell, Judge. Statement. Appellee, the complainant below, brought a bill for partition of real estate, in Jackson County, against Mary L. Forrester and Cary W. Forrester, her son. The bill in substance states that in 1902 when B. M. Forrester, the husband of Mary L. Forrester, died, he owned all the land described in the bill; that in 1897 he and his father, T. R. Forrester, bought it together, but thereafter T. R. Forrester sold his half interest to B. M. Forrester, and the latter then owned the entire tract, but before he finished…

1Opinion of the Court

Browne, C.J.,

(after stating the facts.)—In the consideration of this case we are confronted at the outset by the allegation in the bill “that the deed made to her did not convey the title in the said half interest to her in fee simple, but only as trustee for the estate of B. M. Forrester.” This is a declaration of an express trust'which the evidence not only failed to sustain, but conclusively disproved, as the deed from T. R. Forrester to M. L. Forrester which was introduced in evidence is an absolute and unconditional one in fee simple. We may consider die case, however, as predicated upon…

2Cases cited10 opinions

  1. Geter v. SimmonsSupreme Court of Florida · 1909
  2. Anderson v. NorthropSupreme Court of Florida · 1892
  3. Chambers v. EmeryUtah Supreme Court · 1896
  4. Jesser v. Armentrout's Ex'orSupreme Court of Virginia · 1902
  5. Cunningham v. CunninghamSupreme Court of Iowa · 1904

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Clermont-Minneola Country Club, Inc. v. CouplandSupreme Court of Florida · 1932
  2. Citizens State Bank v. JonesSupreme Court of Florida · 1930
  3. Tillman v. Pitt Cole CompanySupreme Court of Florida · 1955
  4. Lange v. LangeSupreme Court of Florida · 1938
  5. Simpson v. HoffmanSupreme Court of Florida · 1954

3 more not listed; retrieve them via the Exa API.

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