Moneyham v. Hamilton
Florida Supreme Court
168 So. 522 (1936)
- Written by Tammy Boggs, JD
Facts
A testator (the father) died, and his daughter Lydia Hamilton (defendant) successfully had the father’s will admitted to probate. Hamilton was the sole beneficiary of the father’s estate under the will. Opponents of the will (the opponents) (plaintiffs) claimed that the father had intended to destroy the will. The opponents alleged in a complaint that the father, while suffering his last illness, had asked Hamilton to obtain his will from another house and bring it back to the father so that he might destroy it. Hamilton found the will but allegedly pretended that she could not find it. Instead, Hamilton purportedly held on to the will and sought to probate it after her father died. The opponents claimed that a trust should be impressed in favor of the father’s heirs at law due to Hamilton’s conduct. The court dismissed the complaint, and the opponents appealed.
Rule of Law
Issue
Holding and Reasoning (Buford, J.)
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