GILES F. LEWIS, AS GUARDIAN AD LITEM FOR VIRGINIA MCDONALD LEE, MARY ELIZABETH LEE, MARGARET ANN LEE AND ELIZABETH MCCLURE LEE, APPELLANT,
v.
CITY OF ORLANDO, APPELLEE
GILES F. LEWIS, AS GUARDIAN AD LITEM FOR VIRGINIA MCDONALD LEE, MARY ELIZABETH LEE, MARGARET ANN LEE AND ELIZABETH MCCLURE LEE, APPELLANT,
CITY OF ORLANDO, APPELLEE
145 Fla. 285
Florida Supreme Court (1940)
Positive Treatment
Also reported at: 199 So. 49
Cited by 6 cases
Opinion of the Court
This case comes to this court on appeal from the circuit court of Orange County. The suit was brought for the construction of the last will and testament of Charles G. Lee.
The only point for decision is whether a contingent remainder in an estate is destroyed upon the termination of the particular estate upon which the remainder estate is dependent.
This point was settled by this court in two cases: Tankersley v. Davis, 128 Fla. 507, 175 So. 501, and Blocker v. Blocker, 103 Fla. 285, 137 So. 249.
The decree of the chancellor is without error and is hereby affirmed.
Affirmed.
Buford, and Ti-iomas, J. J., concur.
Terrell, C. J., concurs in opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lucile Franke Popp v. Bond, 158 Fla. 185 (Fla. 1946)…was extinguished when the title of the infant remaindermen in being was merged with that of the life tenant in appellee. See also Arnold v. Wells, 100 Fla. 1470, 131 So. 400; Tankersley v. Davis, 128 Fla. 507, 175 So. 501; Lewis v. City of Orlando, 145 Fla. 285, 199 So. 49. An examination of the final decree discloses that the Chancellor held the title not merchantable on authority of Deen v. Miller et al., 303 Ill. 240, 135 N.E. 396, 25 A.L.R. 766, Annotation 770. It is quite true that the Illinois court…
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Lybass v. Smith, 16 Fla. Supp. 27 (Duval Cty. Cir. Ct. 1960)…ing child or children. The determination of the questions here involved is controlled by the rule enunciated in Blocker v. Blocker, 103 Fla. 285, 137 So. 249, and followed in Tankersley v. Davis, 128 Fla. 507, 175 So. 501, Lewis v. City of Orlando, 145 Fla. 285, 199 So. 49, and Popp v. Bond, 158 Fla. 185, 28 So. 2d 259. The Florida courts have consistently adhered to the rule that under the common law, a contingent remainder may be destroyed upon the termination of the particular estate on which the remain…
Authorities Cited
- Stover v. Stovall, 103 Fla. 284 (Fla. 1931)
- Hattie Dean Blocker v. Blocker, 103 Fla. 285 (Fla. 1931)
- Tankersley v. Davis, 128 Fla. 507 (Fla. 1937)