Estes v. Nicholson
Florida Supreme Court
23 So. 490 (1898)
- Written by Liz Nakamura, JD
Facts
Thomas White died intestate, survived by his paternal half-aunt, maternal aunt, and maternal grandmother. Annie Estes (plaintiff), the paternal half-aunt, was White’s father’s half-sister. Josie Winter, the maternal aunt, was White’s mother’s full-blood sister. Charlotte Nicholson (defendant) was White’s maternal grandmother. The lower court divided White’s intestate estate to give a one-fifth interest to Estes and a two-fifth interest each to Winter and Nicholson, reasoning that Estes, as a half-blood heir, was only entitled to half as much as each full-blood heir. Estes appealed, arguing that she was entitled to one-half of the estate because she was the only heir on the paternal side of White’s family.
Rule of Law
Issue
Holding and Reasoning (Taylor, C.J.)
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