Popp v. Bond
| Decision Date | 13 December 1946 |
| Citation | 158 Fla. 185,28 So.2d 259 |
| Parties | POPP et al. v. BOND. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Broward County; Jos. S. White judge.
Henderson Franklin, Starnes & Holt and F. E. Starnes, all of Fort Myers, for appellants.
Rebert A Burton, of Fort Lauderdale, for appellee.
John B. Franke died testate, leaving his wife, Amelia A. Franke, and a daughter Lucile Margarite Louise Franke, surviving. The widow has since deceased and the daughter was married and has two minor children, H. Leslie Popp, Jr., and John F Popp. The father, H. L. Popp, has been duly appointed guardian of the minor children. Paragraph VIII of the John B. Franke will in so far as pertinent is as follows:
The estate of John B. Franke has been closed and the interest of the Theological Seminary of the Evangelical Lutheran Church, at Chicago, has been acquired by the life tenant, who with her husband, H. L. Popp, individually and as guardian of the minor children, have agreed to sell the real estate demised under Paragraph VIII to the appellee, but he declined to pay for and accept the deed without a court decree holding the title to be merchantable. This cause was instituted by bill of complaint on the part of appellants to coerce specific performance. Appellee answered the bill and the case was heard on an agreed statement of facts. The Chancellor found the title to be not merchantable, decreed accordingly, and this appeal is from the final decree.
The question for determination is whether or not under the facts detailed the life tenant, Mrs. H. L. Ropp, joined by her hus band individually and as guardian of the minor children, can convey a fee simple title to the real estate devised under Paragraph VIII of the will to appellee, free and clear of all claims of future born children of the life tenant.
In our judgment this question is answered in the affirmative by Blocker v.
Blocker, 103 Fla 285, 137 So. 249, wherein we held that where there is a remainder to a class and there are remaindermen of the class in being who are made parties to a cause affecting the property, the decree rendered therein will bind all...
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Rentz' Estate, In re
...and effect in the State of Florida, the last decision the Supreme Court of Florida sustaining the doctrine being the case of Popp v. Bond, 158 Fla. 185, 25 So.2d 259 in which the Supreme Court of Florida said in referring to the case of Blocker v. Blocker, 103 Fla. 285, 137 So. "This holdin......
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Gage v. Curtner
...under a theory of virtual representation convey the interest of unborn remaindermen. The Supreme Court of Florida, in Popp et al. v. Bond, 158 Fla. 185, 28 So.2d 259, refused to follow the case just cited, but the rule announced by the Illinois court appears to us to be supported by authori......