Florida Reports Volume 35

Florida Reports Volume 35

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...account between the parties upon.which the court could frame a decree without being burdened with the time-consuming and purely clerical work of disentangling the figures of confused accounts; but we are convinced that this litigation has been carried far enough, and that it should be brought to an end, and for this reason we have undertaken the task of unraveling the accounts in evidence, and have arrived, from the evidence, though incomplete in itself, at what we deem to be an equitable adjustment of the respective rights of the parties. From that adjustment we find that the amount decreed by the court below was excessive, being much greater than the complainant, under the proofs, was fairly entitled to receive. The principles of law by which we have been governed in adjusting the amount to be decreed to the complainant are as follows: (1) Under the provisions of section 10, page 477 McClellan's Digest, it became the duty of the defendants, as executors, to set apart and allot to the complainant her dower interest in the real and personal property in her deceased husband's estate as soon as it was practicable to do so after the death of the husband, and it was made their duty to do so within two months, at farthest, after such death; otherwise it then became the duty of the county judge to require them to set it apart to her. The bill alleges, and the answer admits, that the husband here died on the 17th day of August, A. D. 1881. Under the above statute the dezfendants should have set apart to the complainant widow her one-half of the personal property of the estate by the 16th day of October, 1881, at farthest; having failed to do so. she became entitled to interest at the statutory rate of eight per cent. per annum on the...show more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236779819
  • 9781236779816