Quintana v. Ordono

195 So. 2d 577 (1967)

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Nature of the Case

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Facts

W and the deceased (H) were married on September 10, 1936, in Cuba. Both parties were Cuban Nationals. Cuba has its own form of community property marriage. H had no assets at the time of his marriage. H and W were domiciled in Cuba until 1960. A Florida domicile was established when the couple moved here in 1960. They remained in Florida up to the time of H's death on September 1, 1963. H died intestate. In 1952, H purchased for $50,000.00, five thousand shares of Okeelanta Sugar Refinery, Inc. stock. An additional five thousand shares were acquired for $50,000.00 in 1958. On December 29, 1961, as a result of a ten-for-one stock split, these shares were exchanged for one hundred thousand shares. On October 1, 1963, H received the promissory note of Stewart Macfarlane, then President of Okeelanta Sugar Refinery, Inc., payable to H in the amount of $810,000.00 for the sale of the shares. Ordono (Ps), children of H by a prior marriage, sought a declaratory decree to determine the rights of W, and the estate of the deceased in the promissory note. Ordono (Ps), children of H by a prior marriage, sought a declaratory decree to determine the rights of W, and the estate of the deceased in the promissory note. The chancellor found that the property was solely owned by H at the time of his death and W's only interest was a wife's intestate share. W appealed.