WALKER v. LAYTON

No. 84-2091.

469 So.2d 873 (1985)

Mrs. B.E. WALKER, As Ancillary Personal Representative of the Estate of Alcie Walker Gregory, Deceased, Appellant, v. Virginia Gregory LAYTON and James Gregory, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 12, 1985.


Attorney(s) appearing for the Case

Charles J. Crowder, Miami, for appellant.

Gifford & Frank and Paul Gillford, Miami, for appellees.

Before NESBITT, BASKIN and FERGUSON, JJ.


FERGUSON, Judge.

An attempted "alienation" of homestead property by conveyance from the owner to a straw man back to the owner and his new wife, for the ostensible purpose of divesting the property of its character as a homestead and defeating the children's interest, is prima facie ineffective to convey legal title to the property. The payment of a valuable consideration in such cases is a material question which must be affirmatively proven by the party relying...

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