Summary
In Gettinger v. Gettinger, 165 So.2d 757, 757 (Fla. 1964), the Florida Supreme Court held that "the affairs of a corporation, even though substantially owned by a decedent, cannot be administered by decedent's executor as assets of the decedent's estate."
Summary of this case from Ezeamama v. Estate of ChibugoOpinion
No. 33143.
July 1, 1964.
Petition for review from the District Court of Appeal, Third District.
J. Lewis Hall, of Hall, Hartwell Hall, Tallahassee, for petitioners.
Ward Ward and Robert C. Ward, Miami, for respondent.
The Petition for Writ of Certiorari reflected probable jurisdiction in this Court. We issued the Writ and have heard argument of the parties. After hearing argument and upon further consideration of the matter, we have determined that the Petition is without merit.
The District Court of Appeal held, and we agree, the language of Central Farmers Trust Co. v. Pinkham, et al., 108 Fla. 355, 146 So. 563, is not authority for the contention of the petitioner. To the end that doubt be resolved we hold that the affairs of a corporation, even though substantially owned by a decedent, cannot be administered by decedent's executor as assets of the decedent's estate. If the Central Farmers Trust decision, supra, suggests to the contrary we recede to that extent.
The Writ must be and is hereby discharged and the Petition for Writ of Certiorari is dismissed.
It is so ordered.
DREW, C.J., and THORNAL, O'CONNELL, CALDWELL and HOBSON (Ret.), JJ., concur.