Guze v. Guze, 109 So. 2d 170 (Fla. 3d DCA 1959). · Go Syfert
Guze v. Guze, 109 So. 2d 170 (Fla. 3d DCA 1959). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Miller v. Miller (fladistctapp, 1963-04-10)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Miller v. Miller
Fla. Dist. Ct. App. · 1963 · signal: see · confidence high
See In re Estate of Guze, Fla.App. 1959, 109 So.2d 170 ; Johnson v. Johnson, Fla.App. 1962, 140 So.2d 358 .
Retrieving the full opinion text from the archive…
In re ESTATE OF Jacob GUZE, a/k/a Jack Guze, Dr. Samuel B. GUZE
v.
Marie GUZE
No. 58-353.
District Court of Appeal of Florida, Third District.
Feb 24, 1959.
109 So. 2d 170
Morris Berick, Miami Beach, for appellant., Harold Shapiro, Miami Beach, for appel-lee.
Carroll, Chas, Horton, Pearson.
Cited by 4 opinions  |  Published
HORTON, Judge.

The proceedings in the County Judges’ Court resulted in an order voiding an ante-nuptial agreement which would have denied to the wife of the deceased any share in the estate. The question presented, and ruled upon, arose out of the wife’s election to take dower as against the will of the decedent. This claim was allowed by the County Judge who found that the antenuptial agreement was invalid due to the failure of the deceased to make a full and fair disclosure of his assets prior to the execution of the agreement.

Although jurisdiction to assign dower rests exclusively in the County Judges’ Court (§§ 733.11-14, Fla.Stat, F. S.A.; Coleman v. Davis, Fla.App.1958, 106 So.2d 81), the jurisdiction to test the validity of an antenuptial agreement is in the Circuit Court. See In re Rothman’s Estate, Fla.App.1958, 104 So.2d 607. It has been generally recognized that the validity of deeds (In re Coleman’s Estate, Fla.App. 1958, 103 So.2d 237) and trust agreements (Beke v. Molnar’s Estate, Fla.1955, 82 So.2d 595) is tested in separate proceedings in the Circuit Court.

Accordingly, the order appealed is reversed and the cause is remanded for proceedings not inconsistent herewith.

Reversed and remanded.

CARROLL, CHAS., C. J., and PEARSON, J., concur.