Remainder Interest

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

• Helvering v. Com'r of Internal Revenue
  129 F.2d 832· 3d Cir.· 1942-03-23 ·cited 10×
  The court held that the settlors made a gift of the whole taxable estate, and the reversionary interests were too contingent to be deducted from the value of the remainders.
• Braswell
  11 Fla. 62· Fla.· 1865-01-01 ·cited 10×
  This case involves a dispute over slaves held in trust under an 1838 Georgia deed of trust created by Mary Ann Parland for the benefit of her daughter Louisa C. Cooper and her children. The Florida Supreme Court upheld the validity of the trust and the remainder interests of mino
• Otto v. Sigmund, Jr.
  631 So. 2d 329· Fla. 1st DCA· 1994-02-01 ·cited 9×
  The court held that the Marketable Record Title Act and estoppel do not cure a void deed for homestead property executed without spousal joinder when the 1885 Constitution required it.
• Commissioner of Internal Revenue v. Masterson
  127 F.2d 252· 5th Cir.· 1942-04-04 ·cited 9×
  The court held that the widow's relinquishment of her one-half community interest in the estate, as it existed prior to her husband's death, constituted a taxable gift, as she retained a life estate in her husband's half.
• Clemons v. Thornton
  993 So. 2d 1054· Fla. 1st DCA· 2008-03-10 ·cited 8×
  A deed attempting to convey a remainder interest in homestead property is ineffective if the non-owner spouse does not join in the conveyance, even if the life estate conveyed to the owner spouse and their spouse is valid.
• In re the Est. of Walter F. Ritz v. Ritz
  385 So. 2d 1102· Fla. 5th DCA· 1980-06-18 ·cited 8×
  In this Florida probate case, the widow Marie Ritz appealed the trial court's order striking Article III of her deceased husband's will, which attempted to grant her a life estate in the homestead plus the right to sell it and retain 80% of the proceeds. The appellate court parti
• Reid v. Bradshaw
  302 So. 2d 180· Fla. 1st DCA· 1974-10-24 ·cited 8×
  In a quiet title action, the court examined whether Florida's Marketable Title Act (Chapter 712) extinguishes homestead property rights that have not been recorded within the statutory period. The court held that homestead rights cannot be nullified by the Act absent an overt act
• George v. Reed and Clara M. Reed
  122 So. 2d 322· Fla. 2d DCA· 1960-07-27 ·cited 8×
  In this appeal from an equity decree concerning homestead property, the court upheld the chancellor's decision to set aside deeds transferring homestead land from father J.M. Reed to son George V. Reed, finding that the statutory twenty-year limitation did not bar the daughter Vi
• Greenwood v. Page
  138 F.2d 921· D.C. Cir.· 1943-10-18 ·cited 8×
  The court held that the interpretation of 'legal heirs' in a will, when the property is located in the District of Columbia but the testator was domiciled in Michigan, is governed by the law of the testator's domicile if the term is used as a word of purchase and the testator's i
• Haydon v. Weltmer
  137 Fla. 130· Fla.· 1939-04-04 ·cited 8×
  The Florida Supreme Court affirmed a decree ordering the return of personal property (furniture, household goods, jewelry, and antiques) to the remainderman under a will, holding that equity has jurisdiction to order specific delivery of chattels with sentimental value or that ca
• Casey v. Archar B. Smith
  134 So. 2d 846· Fla. 2d DCA· 1961-11-08 ·cited 7×
  The county judge's court lacked jurisdiction to determine ownership of citrus fruit or liability for spraying costs, as these issues involved title to real property and claims adverse to the estate.
• Aronson v. Aronson
  81 So. 3d 515· Fla. 3d DCA· 2012-02-01 ·cited 6×
  In this sequel to Aronson I, the court held that a deceased husband's homestead property held in a revocable trust is subject to Florida's constitutional homestead protections and cannot be disposed of according to the trust's terms when the widow survives. The constitutional pro
• Barden v. Pappas
  532 So. 2d 707· Fla. 5th DCA· 1988-09-01 ·cited 6×
  Mary Ellen Barden appealed a partition judgment, challenging the trial court's order partitioning homestead property on which she held a remainder interest while her stepmother held a life estate. The court reversed, holding that a life tenant cannot maintain a partition action a
• Pyle v. United States
  766 F.2d 1141· 7th Cir.· 1985-07-10 ·cited 6×
  A joint and mutual will that restricts the surviving spouse's power to dispose of property to her health, support, comfort, and maintenance creates a completed gift of the remainder interest subject to federal gift tax.
• Peer v. Willson
  210 So. 2d 495· Fla. 2d DCA· 1968-05-17 ·cited 6×
  The court determined that the proceeds from an immature orange crop growing on a life tenant's property at the time of her death should be paid to the personal representative of the life tenant's estate, not the remaindermen.
• Est. of Mary Jane Little v. Commissioner OF Internal Revenue
  274 F.2d 718· 9th Cir.· 1960-01-19 ·cited 6×
  The Tax Court erred in holding that the trust instrument, as modified, required the trustee to claim the entire depreciation and depletion deductions, and that no portion was allocable to the income beneficiary.
• McGINLEY v. Cent. Neb. Pub. Power & Irrigation Dist.
  124 F.2d 692· 8th Cir.· 1942-01-15 ·cited 6×
  The life tenant is entitled to the portion of condemnation money attributable to improvements she made on the land.
• Bross v. Bross
  123 Fla. 758· Fla.· 1936-04-24 ·cited 6×
  This case involves the construction of a will creating a trust for the testator's widow with remainder to his minor daughter. The court held that when the widow elected to take dower against the will, this did not accelerate the daughter's life estate into a fee simple absolute,
• Schlossberg v. Est. of Sadie Kaporovsky
  303 So. 3d 982· Fla. 4th DCA· 2020-08-05 ·cited 5×
  Jack Schlossberg purchased a condominium from Candy Wisotsky, who inherited it through a remainder interest granted by a 2005 deed. The trial court voided the 2005 deed as beyond the trustees' powers, leaving Schlossberg with only half-ownership. On appeal, the court reversed, ho
• In re Est. OF Madalyn Hinterleiter v. Myron Conner and Madalyn Skiles
  692 So. 2d 234· Fla. 2d DCA· 1997-04-18 ·cited 5×
  A devise of a homestead to a lineal descendant who is not an heir under the statutes of intestate succession is not entitled to the constitutional homestead exemption from forced sale.
• Shakespeare v. Prince
  129 So. 3d 412· Fla. 2d DCA· 2013-12-04 ·cited 4×
  Robert Shakespeare appeals final judgments entered against him in a dispute over real property transferred out of his wife's revocable trust. The court affirmed the reformation of the deed but reversed damage awards for tortious interference with expectancy and breach of an anten
• Jacobs v. W.O. "Jake" Jacobs
  633 So. 2d 30· Fla. 5th DCA· 1994-01-28 ·cited 4×
  Mary Jacobs appealed an attorney's fee award against her in a failed rescission action against a warranty deed affecting homestead property. The trial court found her suit frivolous under Florida Statute § 57.105(1), but the appellate court reversed, holding that her legal argume
• Stan Cushman v. Smith
  528 So. 2d 962· Fla. 1st DCA· 1988-07-19 ·cited 4×
  Cushman appeals from a trial court order declaring a real estate purchase contract unenforceable due to lack of unified signatures. The First District Court of Appeal reverses, holding that two virtually identical contract documents signed by different parties at approximately th
• Hamman v. Sw. GAS Pipeline, Inc.
  821 F.2d 299· 5th Cir.· 1987-07-15 ·cited 4×
  A party acquiring an interest in property subject to a lis pendens notice takes that interest subject to the outcome of the litigation, and a settlement binding the original parties also binds the lis pendens purchaser.
• Est. OF William A. Lidbury v. Commissioner OF Internal Revenue
  800 F.2d 649· 7th Cir.· 1986-09-03 ·cited 4×
  The court held that the joint and mutual will did not impose sufficient restrictions on the surviving spouse to constitute a completed gift at the time of the first spouse's death, thus no gift tax was due. The court also found it had jurisdiction to hear the estate tax appeal an
• Nelson v. Boyer
  412 So. 2d 31· Fla. 2d DCA· 1982-04-02 ·cited 4×
  Earl Nelson appealed a summary judgment validating his father's interspousal conveyance of real property. The court reversed, holding that the property became homestead property when the spouses began occupying it, and therefore the attempted conveyance creating an estate by the
• Est. of Isabelle M. Sparling v. Commissioner OF Internal Revenue
  552 F.2d 1340· 9th Cir.· 1977-05-02 ·cited 4×
  The court held that a life estate acquired by a surviving spouse through a "widow's election," where she relinquishes her own community property interest in exchange for the life estate, is considered "purchased" and not qualifying for a credit under § 2013, as the value of the p
• Creary v. In re the Est. of William Clifford Creary
  338 So. 2d 26· Fla. 1st DCA· 1976-07-19 ·cited 4×
  Widow Mabel Creary claimed an inchoate right of dower in her deceased husband William's remainder interest in his father's homestead, which William had conveyed without Mabel's joinder. The court held Mabel had a valid dower right that was not barred by statutory limitations and
• In re Est. of Harry A. Toulmin v. United States
  462 F.2d 978· 6th Cir.· 1972-06-15 ·cited 4×
  The court held that under Ohio law, the trustees' discretion to manage the trust corpus was sufficiently limited to render the charitable remainder interest presently ascertainable, allowing the deduction, and that a will contest settlement paid from capital assets properly reduc
• The Conn. Bank & Tr. Co. v. United States
  439 F.2d 931· 2d Cir.· 1971-03-11 ·cited 4×
  The court held that a charitable deduction cannot be increased based on post-death events that reduce state death taxes, absent compliance with specific statutory provisions for such adjustments.
• Hatch v. The Riggs Nat'l Bank
  361 F.2d 559· D.C. Cir.· 1966-05-20 ·cited 4×
  The court held that the doctrine of worthier title is not part of the law of trusts in the District of Columbia, and that a settlor's heirs can take as valid remaindermen.
• The Union Commerce Bank v. Commissioner OF Internal Revenue
  339 F.2d 163· 6th Cir.· 1964-12-14 ·cited 4×
  The court held that the value of property transferred with a retained life interest is includible in the gross estate under Section 2036(a), even if the interest is inherited. It also held that deductibility of post-death interest payments depends on state law and remanded that i
• In re Est. of Mary M. Colding v. Bussey
  147 So. 2d 338· Fla. 3d DCA· 1962-12-11 ·cited 4×
  Margaret Speck appeals a trial court's construction of her sister's will, which devised 100 shares of A.T.&T. stock to Speck with a provision that the stock pass to Speck's nieces at her death. The appellate court affirmed the trial court's finding that this devise created a life
• Scales v. Ardelle E. Scales and Leslie Byron George
  297 F.2d 219· 5th Cir.· 1961-12-29 ·cited 4×
  The court held that the survivor of a joint and mutual will took a defeasible fee simple title with unlimited power to convey and expend the estate, and that prior gifts to a remainderman were not chargeable against his share.
• Hauptfuhrer's Estate v. Commissioner of Internal Revenue
  195 F.2d 548· 3d Cir.· 1952-04-11 ·cited 4×
  The value of remainder interests in inter vivos trusts created by the decedent is includible in his gross estate if the enjoyment thereof was subject at death to change through the exercise of a power to alter, amend, or revoke, even if that power was held by the settlor in conju
• Commissioner of Internal Revenue v. Henry's Estate
  161 F.2d 574· 3d Cir.· 1947-04-17 ·cited 4×
  The court held that the Tax Court's factual inferences and conclusions regarding the effective date of a family settlement document are to be accepted if not clearly unsupported by fact or reason, following the Dobson doctrine.
• Costello v. Costello
  149 F.2d 379· D.C. Cir.· 1945-04-09 ·cited 4×
  The court held that the testatrix intended for her heirs to be determined at the death of the life tenant, not at her own death.
• Mahaffey v. Helvering
  140 F.2d 879· 8th Cir.· 1944-02-15 ·cited 4×
  The court held that the petitioner created a valid, irrevocable trust, and the income from the trust was attributable to the beneficiary (his mother) for tax purposes, not to the petitioner.
• King v. Richardson
  136 F.2d 849· 4th Cir.· 1943-06-19 ·cited 4×
  The court held that the bequest to the church trustees was an absolute gift, not a trust, and that even if a trust existed, the claims were barred by the North Carolina statutes of limitations.
• Commissioner of Internal Revenue v. Rogers' Estate
  135 F.2d 35· 2d Cir.· 1943-04-02 ·cited 4×
  The court held that subsequent events controlled by beneficiaries, specifically their renunciation of appointed interests, can determine the inclusion of property in the decedent's gross estate under Section 302(f).
• Ioan Ciungu v. Melania Bulea
  162 So. 3d 290· Fla. 1st DCA· 2015-03-18 ·cited 3×
  Ioan Ciungu appeals a probate court order that included two Florida real properties in his deceased mother's estate and directed their conveyance to him and his sister Melania Bulea as tenants in common, and that partially vacated a prior order conditioning distribution of Bulea'
• Morgan v. Cornell
  939 So. 2d 344· Fla. 2d DCA· 2006-10-20 ·cited 2×
  Julia Morgan appealed the trial court's construction of her deceased companion Timothy Cornell's will, which devised life estates in two properties to Morgan contingent on Cornell owning them at death. The court reversed, holding that Cornell's undivided interest as a tenant in c
• Kelley v. Burnsed
  805 So. 2d 1101· Fla. 1st DCA· 2002-02-06 ·cited 2×
  In this specific performance case involving a 1974 lease with a purchase option, the court reversed the trial court's summary judgment for the property owner, holding that the lease agreement was binding on the owner's heirs and that the fixed-price option contained in the lease
• Gridley v. Galego
  698 So. 2d 273· Fla. 2d DCA· 1997-06-20 ·cited 2×
  The Florida District Court of Appeal affirmed a trial court's order enforcing an antenuptial agreement requiring the decedent to establish a trust fund for his widow's support, but reversed the portion directing remainder interest to pass through the wife's estate, holding that r
• Boyd v. LaMASTER
  927 F.2d 237· 6th Cir.· 1991-03-07 ·cited 2×
  A donee of trust assets, even if innocent, can be compelled to return them if they were wrongfully transferred from the trust, and the statute of limitations does not begin to run until the life tenant's death.
• Grimes v. Commissioner OF Internal Revenue
  851 F.2d 1005· 7th Cir.· 1988-07-13 ·cited 2×
  A joint and mutual will, irrevocable upon the death of the first spouse, creates a taxable gift of the remainder interest at that time, even if the surviving spouse retains a limited right to consume the corpus.
• Elliott v. Krause
  490 So. 2d 956· Fla. 5th DCA· 1986-05-01 ·cited 2×
  A joint will executed in 1955 was revocable absent a binding oral agreement not to revoke, and upon the testator's death the surviving spouse's property passed under the testator's later individual will rather than according to the joint will provisions.
• Mrs. Claude M. Williams v. United States
  634 F.2d 894· 5th Cir.· 1981-01-22 ·cited 2×
  Property subject to a general power of appointment is includable in a decedent's estate even if the decedent was legally incompetent to exercise the power at the time of death.
• Klugh v. United States
  588 F.2d 45· 4th Cir.· 1978-11-17 ·cited 2×
  The dissenting judge believes the testator intended to benefit successive generations of descendants as classes, limited by the Rule Against Perpetuities, and that the remainder vested in the grandchildren's class.
• United States v. Ritter
  558 F.2d 1165· 4th Cir.· 1977-07-21 ·cited 2×
  A settlor cannot create a trust for their own benefit while shielding assets from creditors, as this violates public policy.