Remainder Interest

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

• Milstid v. Pennington
  268 F.2d 384· 5th Cir.· 1959-06-25
  The court held that conveyances made in conjunction with a divorce property settlement, even if reciting nominal consideration, are supported by valuable consideration and are not voluntary as to existing creditors.
• Williams v. Bernardine S. Nylund
  268 F.2d 91· 10th Cir.· 1959-06-09
• Bliss v. Shea
  230 F.2d 825· D.C. Cir.· 1956-03-01
  The court held that even if certain future interests in the will were invalid, they would not invalidate the immediate, valid interests of the widow and nephews due to the severability of the trust provisions.
• Welborn v. Tidewater Associated OIL Co.
  217 F.2d 509· 10th Cir.· 1954-12-13
  The court held that the plaintiff's lease, obtained through a guardian's sale of a remainder interest, did not grant immediate development rights and therefore could not be slandered by a subsequent joint lease from the life tenant and remainderman.
• Ruby v. Bishop
  207 F.2d 84· 10th Cir.· 1953-08-19
  A life estate with a power of sale for beneficial use does not permit gratuitous disposition that extinguishes remaindermen's rights, but deeds conveying the subject matter without reference to the power are presumed to execute the power if inoperative otherwise.
• Shepherd v. Peratino
  182 F.2d 384· D.C. Cir.· 1950-05-03
  The court held that the will's language, when interpreted using a principle of construction, indicates the testatrix intended the trust fund to pass to the grandson's children if he died leaving issue, even if he predeceased the life tenants.
• McGRATH v. Ware
  158 F.2d 155· 5th Cir.· 1946-12-06
  The court held that the evidence did not support claims of fraud and overreaching sufficient to set aside the transfers of estate interests.
• Procter v. Commissioner of Internal Revenue
  151 F.2d 603· 4th Cir.· 1945-10-30
  The court affirmed the Tax Court's decision, holding that the value of the gift was susceptible of computation and that certain stipulated factors were irrelevant.
• Jetter v. Haley
  143 Fla. 231· Fla.· 1940-05-24
  Elizabeth Jetter and her husband sought to void a quit claim deed they executed to Peter S. Haley, alleging they were deceived into believing Haley was the legitimate son and heir of Benjamin H. Haley. The Florida Supreme Court reversed the trial court's dismissal, holding that t
• McMurrain v. Gonzalez.
  141 Fla. 472· Fla.· 1940-02-02
  The court considered whether a divorce terminated a trust established by a will. The court held that the divorce did not terminate the trust, as the testator's intent to provide for grandchildren remained paramount.