Judges: PER CURIAM —
Attorneys: Coleman Cook, for Appellants;
Crawford May, for Appellees.
Filed: Feb. 21, 1933
Latest Update: Mar. 02, 2020
Summary: B. W. Mulford died in Palm Beach County, Florida, on June 25th, 1926. On the 3rd day of July of that year a purported last will and testament of the said Mulford was presented for probate in the County Judge's Court of Palm Beach County. The will was probated. Petition was filed to revoke the probate of the will. An order was entered dismissing the petition. Appeal was taken to the Circuit Court. The order of the probate court was affirmed. From that order appeal was taken to this Court. This Co
Summary: B. W. Mulford died in Palm Beach County, Florida, on June 25th, 1926. On the 3rd day of July of that year a purported last will and testament of the said Mulford was presented for probate in the County Judge's Court of Palm Beach County. The will was probated. Petition was filed to revoke the probate of the will. An order was entered dismissing the petition. Appeal was taken to the Circuit Court. The order of the probate court was affirmed. From that order appeal was taken to this Court. This Cou..
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I concur in the result, but not in that portion of the opinion which seems to hold that because a corporation is substantially owned by a decedent, its affairs can be administered by decedent's executor as assets of the decedent's estate. On the other hand, I fully agree to the proposition that where a personal representative has wasted the assets of a corporation, substantially owned by a decedent
and controlled by the personal representative, in his representative capacity, that it is within the jurisdiction of equity to have an accounting from the representative as to his management of the corporator's affairs, while he was purporting to manage these affairs in his representative capacity. Royal Indemnity Company v. Knott, 101 Fla. 1495, 136 Sou. Rep. 474; Opitz v. Morgan, 68 Fla. 469, 67 Sou. Rep. 67; Gordon v. Simonton, 10 Fla. 179. See also Button v. Hoffman, 61 Wis. 20,20 N.W. 667.
