Coral Gables First National Bank v. Colee

TERRELL, J.:

This is a companion case to Coral Gables First National Bank v. Margaret Martin Hart, decided this date. In this case, Catherine H. Colee died intestate in Miami, April 29, 1944; her husband, Otis M. Colee, the respondent, was her sole heir and her anly asset consisted of a bank deposit in Coral Gables First National Bank in the amount of $1,827.75. The husband secured an order of “No Administration Necessary” as provided by Chapter 735, Florida Statutes 1941.

The bank refused to pay over the funds and suit was brought in the Civil Court of Record of Dade County alleging the…