Because Jeptha I. Sandlin, the mother, was considered incompetent due to her physical and mental state, and was confined to a nursing home for the remainder of her life, her right to the family home was waived and passed on to the children.
This is a transcription of the “Order Authorizing Conveyance” that gives the right to the Kirby L. Sandlin Home to the children as opposed to Jeptha, the mother.
In the top right hand corner of the page is stamped 2004.
Another stamp near the top right hand corner of the page:
FILED IN OFFICE
THIS THE 23RD DAY OF SEPT., 1988 AT 3:32 O’CLOCK PM.
Alice Jones, Clerk of Courts, Hamilton County, Florida
IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR HAMILTON COUNTY.
GUARDIANSHIP FILE NO. 88-42
IN RE: GUARDIANSHIP OF JEPTHA I. SANDLIN, INCOMPETENT
ORDER AUTHORIZING CONVEYANCE
The above cause came on for consideration upon the Petition For Order Authorizing Conveyance filed herein by Jack H. Sandlin, Guardian, and the Waiver and Consent thereto made by F.E. Sandlin, Sr., and, having considered that petition and the waiver and consent the Court finds:
1. The said Jeptha I. Sandlin, also known as Jeptha Sandlin, is the Widow of Kirby L. Sandlin, Deceased, who died on November 9, 1980, at Jasper, Hamilton County, Florida, all as shown in the certain Petition for Family Administration filed in this Court on June 30, 1981, and the Order of Family Administration entered by this Court on June 30, 1981, recorded in Official Record Book 153, pages 244 and 245, inclusive, of the public records of Hamilton County, Florida, which order did not address the real property matters relating to the “Kirby L. Sandlin home” property as herein set forth.
2. The certain real property in Jasper, Hamilton County, Florida, called the “Kirby L. Sandlin home”, initially came into the Sandlin family by the certain Warranty Deed dated July 31, 1895, from John F. Smith, Jr. and his wife, Florence Smith, to Preston H. Sandlin, dated July 31, 1895, recorded in Deed Book Q, page 5878, public records of Hamilton County, Florida; the said Preston H. Sandlin was the father of said Kirby L. Sandlin.
3. Thereafter, title to the said property passed by virtue of the certain Warranty Deed from Lucile Sandlin and others to Kirby L. Sandlin and his wife, Jeptha Sandlin, dated March 4, 1942, recorded in Deed Book 26, page 234, public records of Hamilton County, Florida.
4. By Warranty Deed dated April 23, 1963, said Jeptha Sandlin conveyed all of her right, title and interest in and to the said property to Kirby L. Sandlin, that said deed being recorded on (PAGE 2) April 26, 1963, in Official Record Book 52, pages 137 and 138 inclusive, of the public records of Hamilton County, Florida.
5. Thus, at the time of death of said Kirby L. Sandlin, the right, title and interest in and to said property was vested in Kirby L. Sandlin, but subject to the life estate of said Jeptha I. Sandlin, under section 732.401, Florida Statutes, the said property being the Homestead of said Kirby L. Sandlin at the time of his death.
6. The said Jeptha I. Sandlin is presently confined to the Suwannee Valley Nursing Center at Jasper, in Hamilton County, Florida, and she will never be able to return to a home setting for her care and maintenance. Her condition is such that she is in need of the care and supervision that can only be afforded by a nursing facility. Her mental condition is such that she is not competent to read or understand anything written, which would include any kind of legal papers. The said Jeptha I. Sandlin would be unable to live in and to occupy the aforesaid “Kirby L. Sandlin home” property because of her mental and physical condition as aforesaid. Thus, the life estate interest of Jeptha I. Sandlin in that property is of no value to her.
7. The said “Kirby L. Sandlin home” is a very large home of a colonial design; it is a frame or wood house and it is greatly in need of repair and attentions. The shrubbery and bushes have grown up around the home and the same is in a state of disrepair, because Jeptha I. Sandlin does not have the funds or moneys to apply to the home for any repairs and the children, hereinafter named, likewise, do not desire to spend any funds or moneys on the same. The said home is in need of paint and carpenter repair to the interior and exterior; the home is in need of a new roof and parts of the home have deteriorated by weather rot and termite damage. The said home presently could not be occupied and used only after extensive repairs to the same, and, thus, has no rental use or value.
8. Vasco Hester and his wife, Bertie Hester, both of Jasper, Florida, have made an offer to purchase the said “Kirby L. Sandlin home” property for the total price of $30,000.00, which sum, less usual Sellers costs and expenses, is to be divided equally between (PAGE 3) Jack H. Sandlin, F.E. Sandlin, Sr. and June S. Chapman, being all of the children of said Kirby L. Sandlin, Deceased. Said June S. Chapman is not a child of Jeptha I. Sandlin.
9. No funds of moneys from the sale of said property shall be paid over to the said Jeptha I. Sandlin, or to the Guardian for her, because her life estate has no value, as aforesaid.
10. The said Jeptha I. Sandlin has no funds or moneys, nor any ownership, right, title or interest in or to any real or personal property anywhere, except for her clothing and small items of personal use having a value of less than $100.00, and the life estate as aforesaid.
THEREFORE, the premises considered, it is
ADJUDGED, that Jack H. Sandlin, as Guardian for said Jeptha I. Sandlin be, and he is hereby, authorized and allowed to convey all right, title and interest of said Jeptha I. Sandlin, being a life estate, in and to the certain real property in Hamilton County, Florida, described as follows, to-wit:
All of the certain lot or parcel of land Block 102, according to Lang’s Map of the City of Jasper, Florida, known as the “Kirby L. Sandlin home”, being more particularly described as follows:
Lot Nine (9) of Block 102, according to Lang’s Map of the City of Jasper Florida, and being the same land as described in a certain deed from John F. Smith, Jr. and his wife, Florence Smith, to Preston H. Sandlin, dated July 31, 1895, and recorded in Deed Book Q at page 587, public records of Hamilton County, Florida.
Without any consideration being paid to him as Guardian, because the life estate of the Ward is of no value to her under the circumstances as previously set forth herein.
DONE AND ORDERED, at Jasper, Hamilton County, Florida, this 23rd day of September,1988.
This signature is on the right hand side of the page.
Mr. Jack H. Sandlin
P.O. Box 388
Jasper, Florida 32052
This is typed on the bottom left hand side of the page:
Copies hereof furnished to:
John H. McCormick, Esquire
P.O. Drawer 0
Jasper, Florida 32052
Mr. F.E. Sandlin, Sr.
800 South 4th Street
Artesia, New Mexico 88210
By United States Mail 9-23-88, John H. McCormick, Attorney
At the top of page 2 is stamped: Book 233 Page 038, Official Records. At the top of page 3 is stamped: Book 233 Page 039, Official Records.