Summary
finding that "[t]he circuit court has jurisdiction to construe the provisions of a will so long as the will has first been probated and the circuit court was the court first obtaining jurisdiction for construction"
Summary of this case from Gundlach v. GundlachOpinion
No. 67-154.
May 31, 1967. Rehearing Denied July 19, 1967.
Appeal from the Circuit Court for Dade County, Hal P. Dekle, J.
Patton Kanner and Clyde Trammel, Jr., Miami, for appellant.
Sibley, Giblin, Levenson Ward, Miami Beach, Shalle Stephen Fine, Miami, for appellee.
Before HENDRY, C.J., and PEARSON and SWANN, JJ.
A review of appellee's amended petition discloses that the relief sought concerns the construction of the terms and provisions of a will. In re Rogers' Estate, Fla.App. 1965, 180 So.2d 167; King v. Citizens Southern Nat. Bank of Atlanta, Ga., Fla.App. 1958, 103 So.2d 689. The circuit court has jurisdiction to construe the provisions of a will so long as the will has first been probated and the circuit court was the court first obtaining jurisdiction for construction. Section 732.42 Fla. Stat., F.S.A.; In re Dahl's Estate, Fla.App. 1960, 125 So.2d 332, 335.
Therefore, no error has been shown in the order of the circuit court denying appellant's motion to dismiss appellee's amended petition and we affirm.
Affirmed.