" On the 1st day of April, 1940, the lower court entered an order staying the final decree previously entered, when the case of Crosby v. Burleson, 142 Fla. 443, 195 So. 202, was brought to his attention. On June 20, 1940, the lower court entered an order granting a petition for a rehearing.
" A court of equity has no jurisdiction over those questions. Pournelle v. Baxter, 142 Fla. 517, 195 So. 163; Crosby v. Burleson, 142 Fla. 443, 195 So. 202. Where such is the law of the State, a federal court has no jurisdiction to adjudge the validity of a will. Broderick's Will, 21 Wall. 503, 22 L.Ed. 599; Farrell v. O'Brien, 199 U.S. 89, 25 S.Ct. 727, 50 L.Ed. 101; Sutton v. English, 246 U.S. 199, 38 S.Ct. 254, 62 L.Ed. 664.
The Florida Constitution, statutes, and cases all hold that the County Judge has complete and broad supervisory powers over all matters pertaining to a minor's estate. Article 5, Section 17, Florida Constitution; Section 36.01 F.S.A.; Krivitsky v. Nye, 152 Fla. 614, 12 So.2d 595; Crosby v. Burleson, 142 Fla. 443, 195 So. 202; Pournelle v. Baxter, 142 Fla. 517, 195 So. 163; Tyre v. Wright, 144 Fla. 90, 197 So. 846; State ex rel. North v. Whitehurst, 145 Fla. 559, 1 So.2d 175. The record discloses, furthermore, that the dissolution of the trust is to the decided benefit of the minor beneficiary.
We have held many times that this may not be done by collateral attack. Lucy v. Deas, 59 Fla. 552, 52 So. 515; Malone v. Meres, 91 Fla. 709, 109 So. 677; Towns v. State, 102 Fla. 188, 135 So. 822; Bemis v. Loftin, 127 Fla. 515, 173 So. 683; Crosby v. Burleson, 142 Fla. 443, 195 So. 202; Ennis v. Giblin, 147 Fla. 113, 2 So.2d 382; State v. Howell, 156 Fla. 163, 23 So.2d 153. There is almost unanimity of opinion among the authorities to the effect that neither of the parties to the divorce proceedings can impeach the decree.
In the instant case it is not contended that the County Judge did not have jurisdiction to enter the orders which were entered by him. Consequently, our ruling in Crosby v. Burleson, 142 Fla. 443, 195 So. 202, 208, is controlling. In that case we stated:
The county Judge's court, generally speaking, has the exclusive power to do all things necessary in the settlement of an estate of a decedent from the probation of a will or the issuance of letters of administration to the completion of the administration thereof and the entry of an order of discharge of the legal representative. See Crosby v. Burleson, 142 Fla. 443, 195 So. 202; Pournelle v. Baxter, 142 Fla. 517, 195 So. 163; Tyre v. Wright, 144 Fla. 90, 197 So. 846; State ex rel North v. Whitehurst, 145 Fla. 559, 1 So.2d 175; in re Estate of Niernsee, 147 Fla. 388, 2 So.2d 737; Thompson v. Harris, 150 Fla. 471, 7 So.2d 854; Wells v. Menn, 154 Fla. 173, 17 So.2d 217. "The contention that section 108 of chapter 16103, Acts of 1933 — Section 734.25 Fla. Stats. 1941 (F.S.A.) — is unconstitutional and void and is not only unsound but clearly untenable."
As I understand the authorities, the Circuit Court was, under the circumstances of this case, vested with discretionary power, a discretion which in my opinion, was not abused. In this connection, see 50 A.L.R. 48; 69 C.J. 863; Crosby v. Burleson, 142 Fla. 443, 195 So. 202; In re Monks' Estate, 155 Fla. 240, 19 So.2d 796; State ex rel Fla. Bank Trust Co. v. White, 21 So.2d 213, 155 Fla. 591. My view is that our judgment should be one of affirmance.
The probate court has, in other words, demonstrated its inability to adequately administer the estate. But it is contended that such a holding collides with Crosby v. Burleson, 142 Fla. 443, 195 So. 202, Pournelle v. Baxter, 142 Fla. 517, 195 So. 163, Tyre v. Wright, 144 Fla. 90, 197 So. 846 and similar cases. A sufficient answer to this contention is that in matters pertaining to the administration of estates the power of a court of equity may be invoked when adequate relief cannot be secured in the probate court.
See Strickland v. Peters, 120 F.2d 52. Courts of equity are without power or jurisdiction over the validity of wills because Section 17 of Article V of the Florida Constitution vests in the county judge jurisdiction of the settlement of estates of decedents, to take probate of wills, to grant letters testamentary, etc. See Pournelle v. Baxter, 142 Fla. 517, 195 So. 163; Crosby v. Burleson, 142 Fla. 443, 195 So. 202. On July 9, 1941, the Florida National Bank of Jacksonville filed a petition in the County Judge's Court of Pinellas County, Florida, for the probate of the last will and testament of Blanche N. Peters dated November 19, 1937. It was alleged (1) that she died in Pinellas County, Florida, at the age of about 77 years and at the time of her death was seized and possessed of a certain estate situated in said County and of the approximate value of $40,000.00; (2) that decedent left no known blood relatives but named persons claimed to be relatives of Charles F. Peters, her deceased husband; (3) that the will dated November 19, 1937, was published and declared the last will and testament of the decedent in the presence of Claire Bacon and Charles F. Pierce; (4) that the decedent on March 24, 1938, executed a codicil to the aforesaid will in the presence of Claire Bacon, John H. Green and George F. Crocker.
The county judge's court, generally speaking, has the exclusive power to do all things necessary in the settlement of an estate of a decedent from the probation of a will or the issuance of letters of administration to the completion of the administration thereof and the entry of an order of discharge of the legal representative. See Crosby v. Burleson, 142 Fla. 443, 195 So. 202; Pournelle v. Baxter, 142 Fla. 517, 195 So. 163; Tyre v. Wright, 144 Fla. 90, 197 So. 846; State ex rel. North v. Whitehurst, 145 Fla. 559, 1 So.2d 175; In re: Estate of Niernsee, 147 Fla. 388, 2 So.2d 737; Thompson v. Harris, 150 Fla. 471, 7 So.2d 854; Wells v. Menn, 154 Fla. 173, 17 So.2d 217. The contention that Section 108 of Chapter 16103, Acts of 1933 — Section 734.25 Fla. Stats. 1941 (F.S.A.) — is unconstitutional and void is not only unsound but clearly untenable.