Ellard v. Godwin
| Decision Date | 28 January 1955 |
| Citation | 77 So.2d 617 |
| Parties | Beulah M. ELLARD, Appellant, v. Doris L. GODWIN, as Administratrix of the Estate of James Henry LANGFORD, deceased, Appellee. |
| Court | Florida Supreme Court |
Hugh Gilbert Jones, Arcadia, for appellant.
Leitner & Leitner, Arcadia, for appellee.
The first publication of notice to creditors in the Estate of James Henry Langford was published on June 11, 1953 by Doris L. Godwin, the administratrix. Shortly thereafter, and within the eight months period allowed by statute, F.S.A. § 733.16, Mrs. Beulah M. Ellard filed her claim against said estate for $540.10.
September 3, 1954, the administratrix filed a petition with the County Judge of DeSoto County for leave to file objections to the aforesaid claim of Mrs. Ellard. The reasons assigned in the petition were 'that she (petitioner) while acting as such administratrix has been a resident of Palm Beach County, Florida; that she has tried at all times to keep in touch with the affairs of the said estate, but for some reason did not learn of the filing of this claim, or that the said Mrs. Beulah M. Ellard claimed anything of the estate until a few days ago; that she has made full investigation since learning of the filing of the said claim as to whether the estate owes same or any part thereof, and she can find no evidence whereby the estate owes this claim or any part thereof; that she feels she has valid and meritorious objections to the said claim'. Objections were filed by claimant to the granting of said petition, due notice was given of a hearing thereon and the matter was duly considered by the County Judge. On September 21, the County Judge granted the petition reciting 'that the administratrix has shown sufficient good cause why such extension of time should be granted.'
An appeal was duly prosecuted to the circuit court and the order of the County Judge was affirmed. The matter is now before us on an appeal from the order of the Circuit Judge.
Section 733.18 (2), F.S. 1953, F.S.A., in part provides, 'The county judge for good cause shown may extend the time for filing objection to any claim or demand and may likewise for good cause shown extend the time for filing appropriate suit, action or proceedings upon any such claim after objection is filed; but in either event, said extension of time shall be granted only after due notice of such application.' (Emphasis added.)
In the case of In re Jeffries' Estate, 136 Fla. 410, 181 So. 833, 837, with reference to this same statute, this Court said:
(Emphasis added.)
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