Legge v. Albert A. Legge Land Co.
Legge v. Albert A. Legge Land Co.
Opinion of the Court
Plaintiff-appellant seeks review of a judgment entered against her in a suit to establish $275,000 as a part of her deceased husband’s estate and to assert her dower rights thereto.
On appeal appellant wife contends the obtaining of her signature on the deed to the Albert A. Legge Land Co., Inc. was a fraudulent scheme or device to divest her of her dower rights and this coupled with the fact of no consideration having been given for the relinquishment of her dower, the $275,000 should be treated as part of her deceased husband’s estate, and as such subject to her dower rights.
A search of the record does not reflect fraud or misrepresentation to the appellant wife in obtaining her signature on the deed. She testified that no consideration was offered to her at the time of execution of the deed, so certainly this fact would indicate an absence of fraud or misrepresentation.
Further, contrary to appellant’s contention, no pecuniary consideration to a wife is necessary to support relinquishment of dower. McLane v. Piaggio, 24 Fla. 71, 3 So. 823 (1888).
As in the case sub judice, it is well established that a wife may relinquish her dower right in real property by joining in a conveyance or mortgage thereof. 11 Fla.Jur. Dower § 12 (1957) and F.S. § 708.08 F.S.A.
Appellant’s counsel in his brief relies heavily, upon Smith v. Hines, 10 Fla. 258 (1863), wherein the court found a conveyance of certain personal property by a husband to be but a mere device or contrivance to be used at his death to keep his widow from her dower and heW it ineffectual against her. However, in that case the court also flatly held that a husband may sell or give his personal property away, though it is with the avowed purpose of keeping his wife from getting dower; but such sale must be a bona fide one and be perfected as in the case at bar.
Therefore, the judgment herein appealed must be and hereby is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.