Anti-Lapse Statute

11 Florida cases classified under this topic · sorted by citation count · see the citation graph

• In re Est. of Perry Carlton v. Rogers
  378 So. 2d 1212· Fla.· 1979-03-08 ·cited 55×
  The Court quashed the district court's decision, holding that an adopted daughter of the intestate's deceased brother was not an heir-at-law of the intestate. The Court reaffirmed its prior holding in In re Hewett's Estate, which established that under Florida law prior to 1973 a
• Hulsh v. Rea R. Hulsh
  431 So. 2d 658· Fla. 3d DCA· 1983-05-03 ·cited 39×
  This case involves the interpretation of a testator's will and the enforceability of an antenuptial agreement waiving a spouse's testamentary rights. The court held that an antenuptial agreement validly waived the widow's rights to take under the will, but that the widow's disqua
• In re Est. OF Margaret H. Benson v. Starnes
  548 So. 2d 775· Fla. 2d DCA· 1989-09-01 ·cited 10×
  Carol Lynn Benson Kendall appealed the trial court's determination that the minor children of Steven Benson (a murderer) could inherit from the estates of their grandmother Margaret and uncle Scott, whom Steven killed. The court affirmed, holding that Florida's Slayer Statute onl
• In re Est. of Lilian C. Baker v. Glenna B. Blaine
  172 So. 2d 268· Fla. 2d DCA· 1965-02-26 ·cited 10×
  This case addresses whether an adopted child can take their adoptive parent's bequest under Florida's anti-lapse statute when the adoptive parent predeceases the testator. The court holds that an adopted child qualifies as a 'lineal descendant' within the meaning of the anti-laps
• Drafts v. Drafts
  114 So. 2d 473· Fla. 1st DCA· 1959-09-22 ·cited 8×
  This case concerns the interpretation of a will's residuary clause devising property to the testatrix's "brothers and sisters." The court addresses whether descendants of siblings who died before or after the will's execution can inherit under Florida's antilapse statute, ultimat
• Williams v. Augustus R. Williams
  152 Fla. 255· Fla.· 1942-10-02 ·cited 6×
  The Florida Supreme Court resolved a will construction dispute concerning whether a bequest to the testatrix's son lapsed when he predeceased her, or passed to his children under Florida's anti-lapse statute. The court held that the explicit survivorship language ('if he survive
• In re Est. of Alice B. Clark
  212 So. 2d 72· Fla. 4th DCA· 1968-06-26 ·cited 4×
  This case concerns the application of Florida's anti-lapse statute to a residuary clause in a will. The court held that the statute, which prevents a gift to a blood relative from lapsing if the relative leaves lineal descendants, applies to residuary gifts as well as non-residua
• Mitchell v. Merriam
  188 F.2d 42· D.C. Cir.· 1951-02-23 ·cited 4×
  The court held that extrinsic evidence is admissible to determine the testator's intent when identifying a beneficiary named as 'nephew' if ambiguity exists. The court also held that a statutory provision for issue of a predeceased devisee applies when the devisee dies before the
• In re the Est. of John A. Skinner
  397 So. 2d 1193· Fla. 4th DCA· 1981-05-06 ·cited 2×
  The court held that the devise to the foster son lapsed because he predeceased the testator and was not a lineal descendant of a grandparent, and the per stirpes statute does not supersede the anti-lapse statute in this context.
• Lorenzo v. Medina
  47 So. 3d 927· Fla. 3d DCA· 2010-11-10
  This Florida probate case involves the construction of a will where the testator left her estate in equal shares to her brother and brother-in-law, with alternative bequests to their spouses if they predeceased her. The court reversed the trial court's order, holding that the nie
• Drafts v. Drafts
  14 Fla. Supp. 64· Marion Cty. Cir. Ct.· 1958-01-18
  This case addresses whether Florida's Anti-Lapse Statute applies to class gifts in wills. The court held that the statute does not apply to class gifts, meaning only living siblings of the testatrix at her death inherit the residuary estate, not the descendants of predeceased sib