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IN RE ESTATE OF BERGMANN

Nos. 74-458 and 74-463.

305 So.2d 273 (1974)

In re ESTATE of Augustus H. BERGMANN, Deceased. TECHNICOLOR, INC., Appellant, v. Theodore G. BERGMANN and Johanna R. Bergmann, As Executors of the Estate of Augustus H. Bergmann, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

December 31, 1974.

Attorney(s) appearing for the Case

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James E. Tribble, Miami, for appellant.

David R. Serns, North Miami Beach, Richard M. Gale, Miami, for appellees.

Before BARKDULL, C.J., and NATHAN, J., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

The orders under review should be affirmed under the doctrine of equitable retainage. There is a duty upon executors to discharge a legatee's indebtedness to the estate before any distributions. See: 26A C.J.S. Descent & Distribution § 141, wherein the following is found:

* * * * * * "Where the indebtedness of heirs and distributees to the estate may be deducted from their shares, * * * such deductions are in preference to the...

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