Judges: TERRELL, J. —
Attorneys: Himes Himes, for Appellant;
Taliaferro, Morris Carter and M. B. Withers, for Appellees.
Filed: Nov. 27, 1933
Latest Update: Mar. 02, 2020
Summary: Item Three of the will of Wm. J. Davis, deceased, made the following bequest: "Item 3rd. I give and bequeath to Mrs. Mary E. Baumer, of Columbus, Ohio, a sister to my dear wife, the annual income and interest on the sum of Two Thousand ($2,000) Dollars, during her life, and my executors are hereby directed to set aside and place said sum of Two Thousand ($2,000) Dollars with The Citizens Bank Trust Company of Tampa, Florida, to be by it placed at interest, and the annual income therefrom to be p
Summary: Item Three of the will of Wm. J. Davis, deceased, made the following bequest: "Item 3rd. I give and bequeath to Mrs. Mary E. Baumer, of Columbus, Ohio, a sister to my dear wife, the annual income and interest on the sum of Two Thousand ($2,000) Dollars, during her life, and my executors are hereby directed to set aside and place said sum of Two Thousand ($2,000) Dollars with The Citizens Bank Trust Company of Tampa, Florida, to be by it placed at interest, and the annual income therefrom to be pa..
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No more comprehensive language could be used than what is used in our statute to the effect that "all claims of every kind and nature" shall be presented to the bank's liquidator within one year. The statute is a statute of non-claim and in my judgment covers just what the statute says, "every kind and nature of" claim that, if allowed, would have to come out of assets which
the liquidator has come into possession of in his official capacity. By no other construction can the real purpose of the statute be subserved, as I see it.
