Mott v. First Nat. Bank
| Decision Date | 19 September 1929 |
| Parties | MOTT v. FIRST NAT. BANK OF ST. RETERSBURG et al. |
| Court | Florida Supreme Court |
Petition by Mae J. Mott against the First National Bank of St Petersburg, as administrator of the estate of Samuel E Doane, deceased, and others. As order of the county judge sustaining demurrer to and striking petition was affirmed on appeal to circuit court, and petitioner appeals.
Affirmed.
Syllabus by the Court
County judge possesses no chancery power, unless it is also probate power. A county judge possesses no chancery power, unless power is of such nature that it is a probate as well as a chancery power.
County judge with respect to probate powers exercises general jurisdiction within limited and defined sphere (Const. art 5, § 17). With respect to probate powers under Const. art. 5 § 17, county judge exercises general jurisdiction within limited and defined sphere, but jurisdiction so exercised is not that of court of general jurisdiction according to course of common law.
Adoption decree within itself has no extraterritorial effect with respect to inheritance of real estate in other states. Within itself, a decree of adoption in one state has no extraterritorial effect in respect to inheritance of real estate in other states.
Status of parent and child competently established by decree of foreign state will be recognized in Florida, unless repugnant to laws or policies of Florida. The status of parent and child competently established by adoption in Connecticut will be recognized in Florida under rules of comity or under full faith and credit clause of Federal Constitution, unless such status or rights flowing therefrom are not contemplated by or are repugnant to the laws or policies of Florida on the subject.
State may deny right of inheritance to one adopted under laws of another state, or refuse to recognize such adoption. Each state possess sovereign power to prescribe its own laws as to adoption and descent and distribution of property within its limits, in exercise of which power state may deny right of inheritance in that state to one adopted under laws of another state, or may refuse to recognize an adoption under the laws of a foreign state for purpose of transmitting title by inheritance.
Petition to establish heirship based on foreign adoption decree held beyond jurisdiction of county judge sitting as court of probate (Comp. Gen. Laws 1927,§ 5076 et seq.; Const. art. 5, § 11). Petition to establish petitioner's status as heir at law of deceased resident of Florida based on foreign decree of adoption, for purpose of establishing right to inherit interest in real property in Florida, thus involving construction of Florida statutes relating to adoption, jurisdiction of which is committed to circuit court by Comp. Gen. Laws 1927, § 5076 et seq., as well as title to real property, held beyond jurisdiction of county judge sitting as court of probate, but is within exclusive jurisdiction of circuit courts under Const. art. 5, § 11.
Appeal from Circuit Court, Pinellas County; O. L. Dayton, judge.
C. E. Spear, John I. Viney, B. M. Skelton, and Joe A. Pearce, all of St. Petersburg, for appellant.
Owen & Carey, of St. Petersburg, for appellees.
Samuel E. Doane, a resident of Pinellas county, died there intestate in 1926, seized and possessed of certain real and personal property in this state. His widow, Laura V. Doane, was appointed administratrix of the estate. The petition for her appointment, filed before the county judge, recited that decedent left the following surviving heirs: 'Your petitioner, who is the widow of the deceased; John Vesser Doane, a son two years of age, and possibly an adopted daughter, whose name is Mae J. Mott, who was 33 years of age and a married woman, at the time of her adoption, which date was the 29th day of July, 1921, the place of her adoption being in the County of Hartford and State of Connecticut, in the Probate Court for the District of Westbrook.' Laura V. Doane resigned as administratrix, and First National Bank of St. Petersburg was appointed administrator.
Thereafter, Mae J. Mott filed a petition before the county judge of Pinellas county, setting forth the circumstances of her adoption, alleging, amongst other things, that during her childhood and youth she lived with decedent, Samuel E. Doane, and his then wife, Elizabeth Doane, who predeceased him, during all of which time petitioner was treated by the Doanes as their daughter, but that she was not formally adopted by them until July 18, 1921, at which time she was married and living in her own home in Hartford, Conn., and was 33 years of age. The statutes of Connecticut expressly permit the adoption of adults. Petitioner further alleges that the Doanes then had no natural children and that petitioner's adoption was for the purpose of enabling her to inherit from her adoptive parents, Samuel E. Doane and his then wife, Elizabeth Doane, and for no other purpose.
The purpose of the petition is indicated in its prayer, which is: 'Your petitioner prays the Court that she may be declared to be the legally adopted daughter of the said Samuel E. Doane and Elizabeth Doane, and that she may be by this Court decreed to be entitled to participate in the division or distribution of the Estate of the said Samuel E. Doane, the same as if she were the natural heir of said Samuel E. Doane and Elizabeth Doane.'
A demurrer and motion to strike the petition aforesaid were interposed by First National Bank of St. Petersburg, as administrator, Laura V. Doane, and John Vesser Doane. The demurrer was sustained and the petition stricken by the county judge. On appeal to the circuit court, the order of the county judge was affirmed, whereupon an appeal to this court was taken. See Constitution, art. 5, §§ 5 and 11.
In respect to estates of decedents, the jurisdiction committed to the county judge is confined to that of a court of probate; that is, for the establishment of wills and the administration of such estates. Article 5, § 17, of the Constitution provides that: '* * * The county judge shall have jurisdiction of the settlement of the estates of decedents and minors, to order the sale of real estate of decedents and minors, to take probate of wills, to grant letters testamentary and of administration and guardianship and to discharge the duties usually pertaining to courts of probate. * * *' The county judge possesses no chancery power, unless the power is of such a nature that it is a probate as well as a chancery power. Ritch v. Bellamy, 14 Fla. 537, 542. In respect to his probate powers, the county judge exercises a general jurisdiction within a limited and defined sphere, but the jurisdiction so exercised by him is not that of a court of general jurisdiction according to the course of the common law. Epping v. Robinson, 21 Fla. 36; Id., 24...
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