Green v. Green

• Decision Date: 10 June 1975
• Docket Number: No. 74--947,74--947
• Citation: 314 So.2d 801
• Parties: Ruth GREEN, Appellant, v. Phoebe Diehl GREEN, as Executrix of the Estate of William Clinton Green, Deceased, Appellee.
• Court: Florida District Court of Appeals

Page 801

314 So.2d 801

Ruth GREEN, Appellant, v.Phoebe Diehl GREEN, as Executrix of the Estate of William Clinton Green, Deceased, Appellee.

No. 74--947.

District Court of Appeal of Florida, Third District.

June 10, 1975.

Rehearing Denied July 23, 1975.

Creel & Glasgow, Miami, for appellant.

Brumer, Moss, Cohen & Rodgers, Richard M. Gale, Miami, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Appellant appeals an order directing her to turn over the sum of $60,000 together with interest earned to the executrix of the estate of her deceased husband for deposit into the estate account.

Ruth Green, defendant in the trial court and appellant herein, is the widow of Clinton Green, an attorney.On March 20, 1973, two days prior to his demise, Clinton Green received a check for $60,490 payable to him for a legal fee and certain advances, drawn by a client on the Jefferson National Bank of Miami Beach, Florida.Thereupon, Clinton Green immediately prepared and delivered to the First National Bank of South Miami a letter, with the aforesaid check endorsed by him for collection.The letter instructed the bank upon collection to issue cashier's checks in the following amounts to the following persons:

"Ruth Green, Office Manager Account .. $   490.00
                "Clinton Green or Ruth Green .........  20,000.00
                "Clinton Green or Ruth Green .........  20,000.00
                "Clinton Green or Ruth Green .........  10,000.00
                "Clinton Green or Ruth Green .........   5,000.00
                "Clinton Green or Ruth Green .........   3,000.00
                "Clinton Green or Ruth Green .........   2,000.00
                                                       -----------
                                                       $60,490.00"
                

Thereafter, the First National Bank of South Miami, below Mr. Green's signature, acknowledged receipt of the check and the accompanying instruction.The check was processed for collection and paid on March 21, 1973.Clinton Green died suddenly on March 22, 1973.On the following day, Ruth Green, the appellant, accompanied by her attorney, went to the first National Bank of South Miami, received the six cashier's checks totaling $60,000 and payable to Clinton Green or Ruth Green, cashed the checks and placed the funds in various lock-boxes in the names of her sisters.Appellant also received the check for $490 payable to herself as office manager account and deposited same to the credit of the office account.The Estate of Clinton Green through its executrix, Phoebe Diehl Green, requested a return of these funds and upon appellant's refusal filed the instant action for return thereof.The cause proceeded to a non-jury trial at which plaintiff-appellee presented evidence to the effect that because of the tax problems the deceased was experiencing with the IRS, an office procedure had been developed whereby payments to the deceased by clients were directed to the First National Bank of South Miami for collection with instructions to thereafter issue cashier's checks in the sole name of Ruth Green who then would deposit the funds in her account and disburse them to the office account as needed.Two witnesses who were friends of Ruth and Clinton Green testified on behalf of the defense that Clinton Green on separate occasions had informed each of them that he expected to receive a $60,000 fee and that this money was for his wife, Ruth.At the conclusion of the trial, the judge determined...