Dukes v. Dukes, No. Z-131

CourtFlorida District Court of Appeals
Writing for the CourtLEE, THOMAS E.; BOYER; McCORD; BOYER
Citation346 So.2d 544
Docket NumberNo. Z-131
Decision Date07 September 1976
PartiesStephen L. DUKES, Sadie Dukes, and Barbara A. Albrittson, Appellants, v. Allie N. DUKES, Appellee.

Page 544

346 So.2d 544
Stephen L. DUKES, Sadie Dukes, and Barbara A. Albrittson, Appellants,
v.
Allie N. DUKES, Appellee.
No. Z-131.
District Court of Appeal of Florida, First District.
Sept. 7, 1976.
Rehearing Denied Oct. 8, 1976.

Martin S. Page of Jopling, Darby, Peele & Page and Marlin M. Feagle, Lake City, for appellants.

Frank M. Gafford and Ronald H. Cole, Lake City, for appellee.

LEE, THOMAS E., Associate Judge.

This appeal is before us on the question of the validity of the execution of a change of beneficiary form had by the deceased with Prudential Insurance Company of America. In the Trial Court, in a non-jury trial, commenced by the appellee (Allie N. Dukes) against Prudential Insurance Company of America for the payment of the 1/4th interest in the policy on the life of Winton L. Dukes, deceased, which originally contained the names of appellee, his children who are the appellants herein (Stephen L. Dukes and Barbara A. Albritton), and his step-mother, Sadie Dukes, was changed to reflect only the appellants in equal shares. The lower court ordered that the change of beneficiary form was invalid as the deceased, Winton L. Dukes, was mentally incompetent at the time the form was executed (October 16, 1971). The sole question for our determination is whether or not the trial court erred in its finding that the insured was mentally incompetent at the time he executed the form.

FACTUALLY, In March, 1963 Prudential insured the life of Winton L. Dukes and named as beneficiaries therein in equal shares, appellee, Allie N. Dukes, wife, his children the appellants Stephen L. Dukes and Barbara A. Albritton, and his step-mother, Sadie N. Dukes. On October 16, 1971, Winton executed a change of beneficiary from and named appellants as beneficiaries in equal shares eliminating Allie N. Dukes, wife, therefrom. The insurance company, upon learning of the legal dispute paid 3/4ths of the insurance proceeds to appellants, Stephen L. Dukes, Barbara Albritton and Sadie L. Dukes, and withheld 1/4th under the notice of contest, insured having died on November 16, 1971. Prudential deposited the remainder of the insurance proceeds into the registry of the Court and was permitted to be dismissed from this cause.

The record reveals that on August 9, 1971 in Lake Shore Hospital, Lake City, Florida, Winton was found to have had a tumor on the lobe of his right lung and after discharge, without treatment, he was referred by his physician, Dr. B. E. McRae, Jr., to Shands Teaching Hospital, in Gainesville, and on August 23, 1971, a brain tumor was also discovered. The lung tumor having been removed Mr. Dukes was released from Shands on September 2, 1971. On September 6, 1971, he was re-admitted to Shands Hospital and on September 8, 1971, the brain tumor was removed....

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8 practice notes
  • Chavarria v. Selugal Clothing, Inc., No. 1D00-3467.
    • United States
    • Court of Appeal of Florida (US)
    • February 3, 2003
    ...in probate, see Walton v. Estate of Walton, 601 So.2d 1266 (Fla. 3d DCA 1992), and those in marital dissolution, see Dukes v. Dukes, 346 So.2d 544 (Fla. 1st DCA 7. In Rinker, this court refused to consider whether the deputy commissioner lacked CSE to rely on an expert's opinion that was ba......
  • Raehn v. Raehn, No. 89-16
    • United States
    • Court of Appeal of Florida (US)
    • February 15, 1990
    ...is equally able to judge such credibility. See McCabe v. Bechtel Power Corp., 510 So.2d 1056, 1059 (Fla. 1st DCA 1987); Dukes v. Dukes, 346 So.2d 544, 545 (Fla. 1st DCA 1976). We do not decide this appeal on the basis of witness credibility, however, because we conclude that the manner in w......
  • Walton v. Estate of Walton, No. 91-2292
    • United States
    • Court of Appeal of Florida (US)
    • June 30, 1992
    ...testimony of witnesses, the appellate court is in the same position in examining the testimony as is the trial judge. Dukes v. Dukes, 346 So.2d 544, 545 (Fla. 1st DCA1976), cert. dismissed, 351 So.2d 1021 (Fla.1977); Phipps v. Sheffman, 211 So.2d 598 (Fla. 3d DCA1968); L & S Enters., In......
  • Severini v. Pan American Beauty School, Inc., No. 89-715
    • United States
    • Court of Appeal of Florida (US)
    • February 28, 1990
    ...Painting, 433 So.2d 1371 (Fla. 1st DCA 1983); Kelly v. Florida Atlantic University, 413 So.2d 833 (Fla. 1st DCA 1982); Dukes v. Dukes, 346 So.2d 544 (Fla. 1st DCA 1976), cert. dismissed, 351 So.2d 1021 (Fla.1977). Our review of the testimony reveals a lack of the requisite competent, substa......
  • Request a trial to view additional results
8 cases
  • Chavarria v. Selugal Clothing, Inc., No. 1D00-3467.
    • United States
    • Court of Appeal of Florida (US)
    • February 3, 2003
    ...in probate, see Walton v. Estate of Walton, 601 So.2d 1266 (Fla. 3d DCA 1992), and those in marital dissolution, see Dukes v. Dukes, 346 So.2d 544 (Fla. 1st DCA 7. In Rinker, this court refused to consider whether the deputy commissioner lacked CSE to rely on an expert's opinion that was ba......
  • Raehn v. Raehn, No. 89-16
    • United States
    • Court of Appeal of Florida (US)
    • February 15, 1990
    ...is equally able to judge such credibility. See McCabe v. Bechtel Power Corp., 510 So.2d 1056, 1059 (Fla. 1st DCA 1987); Dukes v. Dukes, 346 So.2d 544, 545 (Fla. 1st DCA 1976). We do not decide this appeal on the basis of witness credibility, however, because we conclude that the manner in w......
  • Walton v. Estate of Walton, No. 91-2292
    • United States
    • Court of Appeal of Florida (US)
    • June 30, 1992
    ...testimony of witnesses, the appellate court is in the same position in examining the testimony as is the trial judge. Dukes v. Dukes, 346 So.2d 544, 545 (Fla. 1st DCA1976), cert. dismissed, 351 So.2d 1021 (Fla.1977); Phipps v. Sheffman, 211 So.2d 598 (Fla. 3d DCA1968); L & S Enters., In......
  • Severini v. Pan American Beauty School, Inc., No. 89-715
    • United States
    • Court of Appeal of Florida (US)
    • February 28, 1990
    ...Painting, 433 So.2d 1371 (Fla. 1st DCA 1983); Kelly v. Florida Atlantic University, 413 So.2d 833 (Fla. 1st DCA 1982); Dukes v. Dukes, 346 So.2d 544 (Fla. 1st DCA 1976), cert. dismissed, 351 So.2d 1021 (Fla.1977). Our review of the testimony reveals a lack of the requisite competent, substa......
  • Request a trial to view additional results

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