Ademption

24 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Barnett. Barnett v. Jaspan
  124 F.2d 1005· 2d Cir.· 1942-01-07 ·cited 95×
  The court should not decide issues not properly appealed or abandoned by the appellant.
• In re Est. of Howard W. Parker v. Parker
  110 So. 2d 498· Fla. 1st DCA· 1959-03-19 ·cited 45×
  The Florida District Court of Appeal reversed a county judge's determination that bequests of United States Steel stock to testator's daughters were general legacies not entitled to additional shares from a stock split. The court held that post-execution stock splits effect only
• Park Lake Presbyterian Church v. Est. OF Albert A. Henry
  106 So. 2d 215· Fla. 2d DCA· 1958-11-05 ·cited 34×
  Park Lake Presbyterian Church appealed a probate court determination that certain stock bequests in Albert A. Henry's will were demonstrative legacies subject to abatement after general legacies. The Florida appellate court reversed, holding that the stock bequests were general l
• In re Vail's Estate
  67 So. 2d 665· Fla.· 1953-10-27 ·cited 26×
  This case addresses whether a stock dividend declared on shares of stock between a testator's execution of her will and her death passes to the specific legatees or becomes part of the residuary estate. The Florida Supreme Court held that a true stock dividend, which merely dilut
• In re Est. OF George B. Walters, Sr. v. Edwards
  700 So. 2d 434· Fla. 4th DCA· 1997-10-08 ·cited 25×
  In this will construction appeal, the court affirmed that the testator's directive to pay mortgages on the 40th Street property was unambiguous and binding on the personal representative, even though the testator conveyed the property to Edwards after executing the will. The cour
• In re Est. of Mary Merwin Sweet v. First Nat'l Bank OF Clearwater under the Will of Mary Merwin Sweet
  254 So. 2d 562· Fla. 2d DCA· 1971-11-17 ·cited 21×
  The proceeds from a contract to sell real property belong to the estate as personalty, even if the seller dies before closing, and do not pass to a devisee of the real property.
• Blechman v. Est. OF Bertram Blechman
  160 So. 3d 152· Fla. 4th DCA· 2015-04-01 ·cited 13×
  This probate case involves whether a deceased LLC member's membership interest passes outside probate to his children under the operating agreement's default provision, or remains part of his probate estate. The court held that the operating agreement's express language mandating
• Forbes v. Burket
  181 So. 2d 682· Fla. 2d DCA· 1966-01-05 ·cited 10×
  Peter Craig Forbes appealed the dismissal of his suit seeking declaratory relief regarding his rights under his grandmother's will to a home that was sold by her court-appointed guardian while she was incompetent. The District Court reversed, holding that Forbes stated a valid ca
• Brinker v. Humphries
  194 F.2d 350· D.C. Cir.· 1952-01-31 ·cited 10×
  The court held that the proceeds from the sale of real property were intended for the named legatees, even though the property was sold before the testatrix's death.
• Sigmund Eisenschenk and wife v. Fowler
  82 So. 2d 876· Fla.· 1955-10-19 ·cited 7×
  Andrew Pappert devised real property in Chicago to his nephew and niece, but subsequently entered into a contract to sell the same property to them for $10,000 before his death. The Florida Supreme Court held that this contract constituted an ademption of the devise, defeating th
• In re Est. OF Vincent Joseph Budny v. Mikell
  815 So. 2d 781· Fla. 2d DCA· 2002-05-10 ·cited 6×
  The court held that extrinsic evidence cannot alter the clear and unambiguous terms of a will, nor can it create a residue for equal distribution when specific bequests fail due to ademption.
• In re The Est. OF Walter J. Jones v. Jones
  472 So. 2d 1299· Fla. 2d DCA· 1985-07-12 ·cited 6×
  This case addresses whether a specific bequest in a will was adeemed when the exact property described (income from a home) was sold before the testator's death, but the proceeds remained traceable in the estate. The court held that Florida law requires consideration of the testa
• In re Est. of Maurine Dallas Watkins v. William T. Rogers Ad Litem for the Estate of Georgia M. Watkins
  284 So. 2d 679· Fla.· 1973-10-10 ·cited 6×
  The Florida Supreme Court resolved a will construction dispute over whether Amerada-Hess stock (resulting from a pre-death merger) passed to the American School of Classical Studies under a specific bequest of "Amerada Oil" shares, or to the testator's mother's estate as "preferr
• In re Est. of Frances A. Garrison v. First Atl. Nat'l Bank OF Daytona Beach
  156 So. 2d 18· Fla. 1st DCA· 1963-09-10 ·cited 4×
  A general legacy, fixed at a specific dollar amount based on the adjusted gross estate at the date of death, does not entitle the beneficiary to share in income or appreciation of estate assets during the period of administration.
• In re Tr. under Will of Signe Sofia Liljegren v. Dick
  298 So. 2d 553· Fla. 2d DCA· 1974-06-26 ·cited 2×
  In a dispute over a testamentary trust's distribution of American Telephone and Telegraph Company stock following two post-mortem stock splits, the court held that stock splits resulting in increased shares are capital additions belonging to the residuary beneficiaries in the sam
• Conn. Gen. Life Ins. Co. v. Hartshorn
  238 F.2d 417· 9th Cir.· 1956-11-02 ·cited 2×
  A property settlement agreement's general waiver of rights in insurance policies does not divest a beneficiary of her rights if the specific policy was not brought to her attention or known by her at the time of the agreement.
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  Del. Ch.· 2015-03-10
  The Court of Chancery recommended granting summary judgment in favor of the stepmother, finding that the specific devise of real property in the will failed by ademption because the testator sold the property before his death. Consequently, the stepson lacked standing to challeng
• Carmella McPHEE v. Est. OF William Bahret, Jr.
  501 So. 2d 1319· Fla. 2d DCA· 1986-12-30
  A specific devisee of securities is entitled to new securities received as a result of a corporate reorganization, even if the form of the investment changes, as long as the testator's intent remains the same.
• OTT v. Willa OTT
  418 So. 2d 460· Fla. 4th DCA· 1982-08-25
  Deborah Ann Ott, surviving spouse and personal representative of her deceased husband's estate, appealed a trial court order awarding a mortgage and promissory note to the testator's children as specific devisees of corporate stock. The court affirmed, holding that under Florida
• Est. of Emma Geer Davis Kennedy Ganier v. Est. of Frederic F. Ganier
  402 So. 2d 418· Fla. 5th DCA· 1981-05-27
  The Florida District Court of Appeal reversed a lower court judgment that declared Frederic Ganier a 'pretermitted spouse' entitled to half of Emma Kennedy Ganier's estate. The court held that Frederic was provided for in Emma's will through specific bequests of bank accounts, an
• Est. of Francis R. Murphy
  340 So. 2d 107· Fla.· 1976-11-30
  A residuary clause in a will is a sufficiently precise indicator of testamentary intent to pass homestead property to a spouse, even if not specifically devised, provided there is no minor child.
• In re Cole's Estate
  44 Fla. Supp. 153· Palm Beach Cty. Cir. Ct.· 1976-08-20
  In re Cole's Estate addresses whether a specific bequest of real property was adeemed when the property was sold by a guardian during the testator's incompetency, and determines the proper distribution of estate assets under Florida's new 1976 Probate Code.
• In re Wight's Estate
  15 Fla. Supp. 156· Palm Beach Cty. J. Ct.· 1959-12-15
  The sale of a specifically bequeathed automobile by a guardian of an incompetent testator does not work an ademption of the legacy if the testator did not intend to revoke the gift.