Reversionary Interest

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

• Reid v. Barry
  93 Fla. 849· Fla.· 1927-04-14 ·cited 149×
  The Florida Supreme Court upheld a bishop's title to church property conveyed by deed in 1881 without using the word 'heirs,' holding that the absence of this technical word of inheritance does not defeat the conveyance when the deed clearly expresses intent to transfer a fee sim
• Selma Steiner v. 20TH Century-Fox Film Corp.
  232 F.2d 190· 9th Cir.· 1956-03-15 ·cited 76×
  The court held that the appellant, as a landlord, is a proper party to bring an antitrust action alleging direct injury to her reversionary interest, and that the statute of limitations runs from the last overt act causing damage, with the closing of the theatre being the only po
• Deuty Rogers v. Martin
  87 Fla. 204· Fla.· 1924-02-27 ·cited 51×
  This case concerns a dispute over land ownership and possession. The court affirmed a lower court's decision to grant an instructed verdict for the defendant, finding that the plaintiff failed to present sufficient evidence to overcome the established landlord-tenant estoppel doc
• C. N. H. F., Inc. v. Eagle Crest Dev. Co.
  99 Fla. 1238· Fla.· 1930-05-30 ·cited 38×
  In a distress action for unpaid rent, the Florida Supreme Court reversed judgment for the defendant lessee's assignee, holding that when a lessee transfers his entire estate in the demised premises without reserving a reversion, an assignment is created rather than a sublease, es
• Stephenson v. The Nat'l Bank of Winter Haven
  92 Fla. 347· Fla.· 1926-07-24 ·cited 38×
  Stephenson, a lessee of commercial real estate, appeals orders granting a temporary restraining order that prevented him from making alterations to the building's exterior walls. The Florida Supreme Court affirmed the injunction, holding that absent an enforceable agreement with
• VON Brimer v. Whirlpool Corp.
  536 F.2d 838· 9th Cir.· 1976-05-24 ·cited 36×
  A proprietary interest in a patent is necessary for claims of intentional interference with contractual relations and prospective business advantage, but not for malicious prosecution. Evidence excluded due to discovery violations was proper.
• Servando Bldg. Co. v. Zimmerman
  91 So. 2d 289· Fla.· 1956-12-19 ·cited 32×
  When lots are conveyed by reference to a plat showing dedicated streets, the grantees acquire title to the center of the streets subject to the public easement, unless clear contrary intent appears. A reverter clause in the dedication must be construed against the developer and i
• TBK P'rs, Ltd. v. W. Union Corp.
  675 F.2d 456· 2d Cir.· 1982-03-18 ·cited 31×
  A federal court approving a class action settlement can bar claims with an identical factual predicate, even if not explicitly part of the class action, provided class members had sufficient notice and opportunity to object.
• United States v. Maxwell
  588 F.2d 568· 7th Cir.· 1978-09-15 ·cited 28×
  The court held that funds disbursed by a college under a student financial aid program, where the federal government retained a financial interest and imposed restrictions, constituted 'money, or thing of value of the United States' under 18 U.S.C. § 641. The court also held that
• The Ocean Beach Realty Co. v. City of Miami Beach
  106 Fla. 392· Fla.· 1932-08-06 ·cited 27×
  Ocean Beach Realty Company sought to recover oceanfront property in Miami Beach that it had conveyed to the city in 1917 with a condition that the land be used exclusively for park purposes, arguing the city violated this condition by widening an adjacent street. The Florida Supr
• Fla. State Tpk. Auth. v. Anhoco Corp.
  116 So. 2d 8· Fla.· 1959-06-10 ·cited 26×
  The Florida Supreme Court resolved conflicting interpretations of a "Right-of-Way Deed" between the State Road Department/Dade County and theater operators regarding property access along State Road 826. The Court held that the deed created only an additional easement rather than
• United States v. Bransen
  142 F.2d 232· 9th Cir.· 1944-04-06 ·cited 24×
  The court held that the denial of a motion for a new trial based on newly discovered evidence was not an abuse of discretion when the evidence was not timely presented.
• MacDonald v. United States
  119 F.2d 821· 9th Cir.· 1941-05-08 ·cited 24×
  The court held that the 1875 Act granted only an easement for railroad right-of-way, not ownership of underlying minerals, and affirmed the denial of intervention.
• Commissioner of Internal Revenue v. Moore
  207 F.2d 265· 9th Cir.· 1953-09-21 ·cited 22×
  The court held that the taxpayer's inherited interest in the building was not depreciable because the long-term lease, extending beyond the building's useful life, meant her interest was not economically affected by the building's physical exhaustion. The court also rejected the
• Slifka v. Johnson
  161 F.2d 467· 2d Cir.· 1947-03-12 ·cited 22×
  The court's ruling on the admissibility of the broker's letter, based on the New York 'course of business' statute, does not repudiate prior rulings regarding the admissibility of employee statements.
• West v. Commissioner OF Internal Revenue (three cases)
  150 F.2d 723· 5th Cir.· 1945-07-24 ·cited 22×
  The court held that the transaction, despite contractual provisions for development, constituted a sale of the mineral estate, not a lease, and therefore the consideration attributable to the mineral rights was not a bonus or advance royalty.
• People of Puerto RICO v. United States
  132 F.2d 220· 1st Cir.· 1942-12-18 ·cited 22×
  The People of Puerto Rico did not have a compensable interest in the condemned property because their potential future interest was too remote and speculative to value.
• Suhr v. Commissioner of Internal Revenue
  126 F.2d 283· 6th Cir.· 1942-03-05 ·cited 22×
  The court held that the grantor was not taxable on the income of the trust because the trust was not created to discharge his legal obligations and he had not retained sufficient dominion and control over the corpus to be considered its owner under the Clifford doctrine.
• Commissioner of Internal Revenue v. Kellogg
  119 F.2d 54· 3d Cir.· 1941-03-20 ·cited 22×
  Transfers in trust are not includible in the grantor's gross estate if the grantor retained no possibility of regaining the corpus, even if the ultimate beneficiaries are determined by contingencies after the grantor's death.
• Sec. & Exch. Comm'n v. Flight Transp. Corp.
  699 F.2d 943· 8th Cir.· 1983-02-02 ·cited 21×
  The court held that appellants Greyhound Leasing & Financial Corporation and Joyce Rubin were entitled to intervene as of right in the SEC enforcement action under Rule 24(a)(2) of the Federal Rules of Civil Procedure.
• United Church OF THE Med. Ctr. v. Med. Ctr. Comm'n
  689 F.2d 693· 7th Cir.· 1982-09-23 ·cited 21×
  The court held that the district court erred in dismissing the case for failure to exhaust administrative remedies and abused its discretion in denying preliminary injunctive relief.
• Robinson v. THE Town OF Riviera
  157 Fla. 194· Fla.· 1946-03-19 ·cited 20×
  The Florida Supreme Court reversed a judgment in an ejectment action where property owners sought to recover land that had been platted and dedicated for public park use. The court held that the trial judge erred by failing to instruct the jury that the burden of proving acceptan
• Commissioner of Internal Revenue v. Irving Tr. Co. (two cases)
  147 F.2d 946· 2d Cir.· 1945-03-05 ·cited 20×
  The court held that the corpus of inter vivos trusts, where the settlor retained no interest and the trustee's power to return principal to the settlor was absolute and discretionary, is not includible in the settlor's gross estate for tax purposes.
• Brooklyn E. Dist. Terminal v. City of N.Y.
  139 F.2d 1007· 2d Cir.· 1944-01-06 ·cited 20×
  The court held that the petitioner's agreement with the City granted it a substantial interest in the condemned land, entitling it to compensation from the condemnation award.
• Contos v. Evalyn Lipsky
  433 So. 2d 1242· Fla. 3d DCA· 1983-06-21 ·cited 19×
  The Contoses leased restaurant property to Evalyn Lipsky for thirty years with an option to purchase at 'true market value' during years 20-30. When Lipsky exercised the option in 1981, the Contoses sought a declaration that 'true market value' meant the unencumbered value, while
• United States v. 16.33 Acres OF Land IN the Cnty. OF Dade
  342 So. 2d 476· Fla.· 1977-01-13 ·cited 19×
  Sterling Investments sought compensation for roads and avenues in a condemned subdivision, claiming a reversionary interest from its predecessor. The Florida Supreme Court held that when land is platted with subdivisions and lots are conveyed by reference to the plat, the subdivi
• Est. of Hector R. Skifter v. Commissioner OF Internal Revenue
  468 F.2d 699· 2d Cir.· 1972-10-19 ·cited 18×
  The court held that broad fiduciary powers granted to a decedent as trustee, which could not be exercised for his personal benefit, do not constitute "incidents of ownership" under I.R.C. § 2042(2) requiring inclusion of life insurance proceeds in his estate.
• United States v. Nebo Oil Co., Inc.
  190 F.2d 1003· 5th Cir.· 1951-08-04 ·cited 18×
  The court held that Louisiana Act 315 of 1940, making mineral rights imprescribable when land is acquired by the United States, is constitutional and applies retroactively. The court also found that the pooling agreement, though unrecorded, did not bind the United States.
• Miami-Dade Cnty. v. Coral BAY Section C Homeowners Ass'n, Inc.
  979 So. 2d 318· Fla. 3d DCA· 2008-03-19 ·cited 17×
  Miami-Dade County appeals a trial court's denial of its motion to vacate a default judgment in a quiet title action brought by a homeowners association seeking to enforce a reversionary deed clause on property containing a salinity dam. The appellate court reversed, holding that
• ST. Louis-San Francisco Ry. Co. v. The Town OF Francis
  249 F.2d 546· 10th Cir.· 1957-11-05 ·cited 16×
  The court held that the railroad acquired only an easement for railroad purposes, and the servient estate, including minerals, vested in the Town.
• Chickasha Cotton OIL Co. v. The Town OF Maysville
  249 F.2d 542· 10th Cir.· 1957-10-31 ·cited 16×
  Title to the mineral estate in a railroad right-of-way within a municipality vests in the municipality upon the railroad's failure to purchase the fee, subject to the railroad's easement.
• Barnett Hollander v. United States
  248 F.2d 247· 2d Cir.· 1957-10-01 ·cited 16×
  The court held that the 1951 retroactive tax relief measure, Section 607 of the Revenue Act of 1951, overrides the statute of limitations and prior litigation finality, and was not repealed by the 1953 Act, allowing the estate to claim a refund.
• Higgs' Estate v. Commissioner of Internal Revenue
  184 F.2d 427· 3d Cir.· 1950-09-28 ·cited 16×
  The court held that the exercise of an option to receive a reduced annuity with a survivorship benefit for a spouse does not constitute a "transfer" of property under Section 811(c) of the Internal Revenue Code when the annuity was purchased by the employer. Therefore, the surviv
• Lockard v. Commissioner of Internal Revenue
  166 F.2d 409· 1st Cir.· 1948-02-05 ·cited 16×
  The court held that the beneficiary's irrevocable right to receive income from a short-term trust constitutes a taxable gift, and the discretionary power to distribute principal, even if limited, adds value to the gift that must be accounted for in its valuation.
• Commissioner of Internal Revenue v. Church's Estate
  161 F.2d 11· 3d Cir.· 1947-03-17 ·cited 16×
  The court held that the corpus of a trust created by the decedent is not includible in his gross estate for estate tax purposes if the Tax Court found no clear-cut mistake of law.
• Commissioner of Internal Revenue v. Spiegel's Estate
  159 F.2d 257· 7th Cir.· 1946-12-28 ·cited 16×
  An inter vivos trust is taxable under the estate tax law if there is a possibility that the corpus could revert to the settlor upon the death of the beneficiaries, as this constitutes an interest not wholly divested until the settlor's death.
• Cent. Nat. Bank of Cleveland v. Commissioner of Internal Revenue
  141 F.2d 352· 6th Cir.· 1944-02-16 ·cited 16×
  The dissenting judge believes the Tax Court's decision was correct and should not have been reversed.
• Higgins v. Commissioner of Internal Revenue
  129 F.2d 237· 1st Cir.· 1942-06-02 ·cited 16×
  The relinquishment of reserved powers over trust income and principal by the settlor constituted a taxable gift, as the gift was incomplete until such relinquishment.
• United States v. 16.33 Acres OF Land IN the Cnty. OF Dade
  537 F.2d 182· 5th Cir.· 1976-08-18 ·cited 14×
  The court certified questions of Florida law to the Florida Supreme Court regarding the ownership of roads dedicated to public use, specifically whether a subdivider retained a reversionary interest and if that interest was extinguished.
• Landorf v. The United States
  408 F.2d 461· Ct. Cl.· 1969-03-14 ·cited 14×
  The court held that the decedent did not possess any incidents of ownership in the group life insurance policy at the time of his death, and therefore its proceeds were not includible in his gross estate.
• Pancoast v. Pancoast
  107 So. 2d 787· Fla. 2d DCA· 1958-12-12 ·cited 14×
  In this will construction case, the court affirmed the trial court's determination that a testatrix intended to create life estates in her three sons (with remainder to survivors) rather than absolute interests that would pass to B.K. Pancoast's heirs when he died. The widow of t
• Tex. & N. O. R. Co. v. Phillips
  211 F.2d 419· 5th Cir.· 1954-04-09 ·cited 14×
  The bankruptcy court lacked summary jurisdiction in rem over the lessor's reversionary interest in the leased property, as it was not in the bankrupt's possession and required a plenary proceeding.
• Beach v. Busey
  156 F.2d 496· 6th Cir.· 1946-07-15 ·cited 14×
  The court held that the decedent's death was the indispensable event that caused the vesting of the trust corpora, thus the trusts remained in his gross estate under § 302(c).
• United States v. Brown
  134 F.2d 372· 9th Cir.· 1943-02-12 ·cited 14×
  The court held that the value of the trust corpus was not includible in the decedent's gross estate because the trust was not intended to take effect in possession or enjoyment at or after death, and there was no retained 'string' for reversion.
• Geneva Drive IN Theatre, Inc. v. Commissioner OF Internal Revenue
  622 F.2d 995· 9th Cir.· 1980-07-03 ·cited 12×
  Taxpayers are not entitled to depreciation deductions for lessee-erected improvements until after the lease expires and they gain possession.
• Est. of Samuel E. Bogley v. The United States
  514 F.2d 1027· Ct. Cl.· 1975-04-16 ·cited 12×
  Corporate resolutions authorizing payments to officers' estates upon death, without clear contractual terms or acceptance, do not create enforceable contracts, thus the value of such potential payments is not includable in the decedent's gross estate for tax purposes.
• Commissioner OF Internal Revenue v. Est. of Ellie G. Canfield
  306 F.2d 1· 2d Cir.· 1962-06-25 ·cited 12×
  The court held that the 'transfer' for the purpose of the Section 2036 exemption refers to the initial transfer of legal title upon the creation of the trust, not the subsequent release of a power of appointment.
• Benton v. Callaway
  165 F.2d 877· 5th Cir.· 1948-01-13 ·cited 12×
  The bankruptcy court erred in enjoining a state court proceeding concerning the conveyance of a lessor railroad's property, as it lacked exclusive jurisdiction over the lessor's fee simple title.
• Commissioner of Internal Revenue v. Bank of Cal.
  155 F.2d 1· 9th Cir.· 1946-04-11 ·cited 12×
  A transfer in trust with a possibility of reversion to the settlor, even if remote and arising by operation of law, is intended to take effect at death and is subject to estate tax.
• Asa May v. May
  7 Fla. 207· Fla.· 1857-01-01 ·cited 12×
  This Florida Supreme Court case concerns the proper construction of a marriage settlement deed and the validity of an administrator's private sale of a reversionary interest in slaves. The court held that all children of the settlor's daughter—from both marriages—take equally in