Specific Bequest

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

• In re Wilmott's Estate
  66 So. 2d 465· Fla.· 1953-06-05 ·cited 62×
  The Florida Supreme Court affirmed the probate of Frederick Wilmott's October 1948 will and codicil while reversing in part the denial of attorney's fees to the will contestant. The case establishes that testamentary capacity is determined as of the date of execution, not based o
• Murphy v. Murphy
  125 Fla. 855· Fla.· 1936-10-26 ·cited 56×
  A widow of a Florida domiciliary who died in California successfully elected to take dower against her husband's will rather than accept the provisions made for her benefit. The Florida Supreme Court held that the widow had the right to dissent, determined the scope of her dower
• 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 Est. OF David H. Rice v. Murray A. Greenberg & Flagship Nat'l Bank of Miami
  406 So. 2d 469· Fla. 3d DCA· 1981-09-29 ·cited 30×
  This case involves the construction of a will to determine whether specific bank stock devised to the residuary trust vested immediately upon the testator's death or remained contingent, and whether the stock could be used to fund a marital trust for the testator's surviving wife
• THE State OF Fla. & Millard Caldwell v. North
  159 Fla. 351· Fla.· 1947-07-22 ·cited 28×
  Florida Supreme Court upheld the validity of John Ringling's will and codicil, determining that the testator effectively disposed of his entire $23 million estate, with major bequests to the State of Florida for an art museum and a charitable trust, and rejecting claims by relati
• In re Est. of Frank C. Rogers v. First Nat'l Bank IN Fort Lauderdale
  180 So. 2d 167· Fla. 2d DCA· 1965-09-28 ·cited 26×
  The court reversed the probate court's construction of the will of Frank C. Rogers, holding that the residuary clause providing a marital deduction to the widow takes priority over specific bequests to the daughter. The decision interprets the testator's intent to ensure the wido
• 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
• Luxmoore v. Wallace
  145 Fla. 325· Fla.· 1940-12-19 ·cited 24×
  The Florida Supreme Court resolved disputes over the construction of William H. Hill's will, determining that specific bequests to individual beneficiaries requiring life-income payments take priority over the residuary scholarship fund when estate depreciation makes full perform
• Hays v. Cora Jones
  122 Fla. 67· Fla.· 1935-12-26 ·cited 20×
  This case addresses whether a joint will between spouses is enforceable as a binding contract after the first spouse assigns all his property to the surviving spouse without explicitly preserving the joint will's provisions. The Florida Supreme Court held that the unqualified ass
• Hurt v. Davidson
  130 Fla. 822· Fla.· 1937-12-16 ·cited 19×
  A. J. Davidson sought to construe the will of Josie M. Davidson and clear title to property in Bowling Green, Florida. The central dispute concerned whether Item 4 of the will, which bequeathed 'my house and lot in Bowling Green, Florida' to Josephine May, applied to property the
• In re Est. of Frances Elliott Martin v. Martin
  110 So. 2d 421· Fla. 2d DCA· 1959-04-08 ·cited 17×
  In this will construction case, the court determined whether the residuary estate devised to the testatrix's children created a vested remainder or a contingent remainder. The court held that the will language created a vested remainder, meaning the daughter's share passed to her
• Rollins v. Alvarez
  792 So. 2d 695· Fla. 5th DCA· 2001-08-31 ·cited 10×
  The appellate court reversed summary judgment in a declaratory judgment case involving competing claims to trust assets. The trial court awarded the entire trust remainder to Helen Carr and Janet Condello, but the appellate court found unresolved questions about which of three tr
• Robert A. Young de bonis non v. McKinnie
  5 Fla. 542· Fla.· 1854-08-01 ·cited 9×
  This case involves a dispute over the distribution of the estate of Barney McKinnie, turning on whether legacies under his will vested immediately at his death or were contingent on future events. The Florida Supreme Court held that the legacies vested at death, making Richard Mc
• 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 the Est. of Frederick Clarendon Alworth, Jr.
  151 So. 2d 478· Fla. 1st DCA· 1963-04-02 ·cited 6×
  The Florida District Court of Appeal affirmed a county judge's denial of the executor's motion to distribute life insurance proceeds to the testamentary trustee. The court held that under the 1955 and 1959 amendments to Florida's insurance statute, insurance proceeds payable to a
• Pajares v. Conchita Donahue
  33 So. 3d 700· Fla. 4th DCA· 2010-03-17 ·cited 5×
  A decedent's primary residence loses its protected homestead status when the will directs that the property be sold and the proceeds divided among beneficiaries.
• Basile v. Aldrich
  70 So. 3d 682· Fla. 1st DCA· 2011-08-23 ·cited 4×
  The court holds that when a will fails to dispose of all property through specific bequests and lacks a residuary clause, the undisposed property passes by intestacy rather than to the named beneficiaries. Ann Aldrich's will specifically identified certain property for her sister
• 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 Est. of George F. Roulston v. Mrs. E. R. Fitch
  142 So. 2d 107· Fla. 2d DCA· 1962-05-09 ·cited 4×
  The court affirmed a probate judge's construction of George F. Roulston's will, holding that his sister Mrs. E. R. Fitch received the entire estate in fee simple, burdened only by a $1.00 bequest to his niece Roberta M. Fulkerson. The court applied the cardinal rule of will inter
• Langenbach's Estate v. Commissioner of Internal Revenue
  134 F.2d 590· 6th Cir.· 1943-04-06 ·cited 4×
  Capital gains added to a trust corpus are not deductible as permanently set aside for charitable purposes if the amount available for charity cannot be ascertained at the testator's death due to potential invasions for beneficiaries or prior claims.
• West v. Francioni
  488 So. 2d 571· Fla. 3d DCA· 1986-04-29 ·cited 2×
  The court reversed a probate order that awarded a second wife all funeral home stock (exceeding 30% of the estate) where the will explicitly provided her 30% of the residuary estate and the daughters 70%. The court held that the testator's general testamentary intent to give the
• In re Est. of Harry Freedman v. Kramer
  347 So. 2d 790· Fla. 3d DCA· 1977-06-28 ·cited 2×
  The court held that the marital trust established in the decedent's will should be construed as a fractional bequest under New York law.
• 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
• In re Est. of Maurine Dallas Watkins v. The Fla. Nat'l Bank OF Jacksonville
  274 So. 2d 586· Fla. 1st DCA· 1973-02-27 ·cited 2×
  The court interpreted provisions of a will regarding the disposition of stock in an estate. The testatrix left preferred stock from an Amerada corporation merger to her mother, but a lower court held that the testatrix intended the stock to go to the American School of Classical
• James v. Lopez and Charles A. Lopez
  96 So. 2d 463· Fla.· 1957-07-10 ·cited 2×
  Florida Supreme Court held that minor sons of a deceased testator need not elect between taking under their father's will and pursuing claims against his estate for misappropriated trust funds received as guardianship assets. The court rejected the presumption that a legacy to a
• In re Est. of Adolph J. Marschall
  92 So. 2d 185· Fla.· 1957-01-16 ·cited 2×
  The Florida Supreme Court interpreted a testator's will to determine whether the widow's legacy of one-third of the estate should be calculated on the gross estate before or after deduction of federal estate taxes. The court held that because the testator expressly directed that
• Potter v. Fahs
  167 F.2d 641· 5th Cir.· 1948-04-20 ·cited 2×
  The court held that the taxpayer did not realize taxable income by waiving interest on notes barred by the statute of limitations, as she received no economic benefit in lieu of the waived interest.
• Of
  Del. Ch.· 2018-09-28
  The Court of Chancery held that Beaver Dam Farms, Inc. (BDF) was a valid corporate entity at the time of the decedent's death due to the subsequent revival of its incorporation certificate. The court also determined that the decedent held a 49% interest in BDF, with his son Rolla
• Sheets v. Palmer
  917 So. 2d 246· Fla. 1st DCA· 2005-12-14
  In a probate dispute, the court addresses whether a $38,500 bequest awarded to Gary Palmer under a settlement agreement should be free from estate taxes and administrative expenses. The court held that the bequest, labeled as a 'specific bequest' in the settlement agreement, must
• Jureski v. Scaduto
  882 So. 2d 1061· Fla. 4th DCA· 2004-08-25
  In a will construction dispute, the court affirmed that two conflicting dispositive clauses in a self-drafted will are irreconcilable, and therefore the latter residuary clause prevails over the earlier general bequest clause as the testator's last expression of intent.
• In re Est. OF Elizabeth H. Hillyer v. Hillyer
  664 So. 2d 361· Fla. 4th DCA· 1995-12-20
  The appellate court reversed the probate court's order, finding that the language in paragraph II of the decedent's will was not specific enough to direct that her one-half interest in a jointly owned condominium pass to the surviving joint tenant, thus it would pass via the resi
• In re the Est. of James Elbert Churchwell v. Churchwell
  354 So. 2d 970· Fla. 1st DCA· 1978-02-08
  A residuary or general beneficiary is not required to compensate a specific beneficiary for loss resulting from a widow's election of dower unless the testator's will manifests an intention to impose such liability.
• In re Est. of Pearl J. Miller
  301 So. 2d 137· Fla. 4th DCA· 1974-10-04
  In this probate tax apportionment case, the Florida District Court of Appeal reversed the trial court's determination that a fractional bequest to Irene Lester Miller was a residuary bequest, holding instead that it was a general legacy under the will's manifest terms, which affe
• In re Est. of Herbert R. Penney v. Commissioner OF Internal Revenue
  504 F.2d 37· 6th Cir.· 1974-09-20
  The court held that Ohio law, as interpreted by McDougall, requires equitable apportionment of federal estate tax against non-probate assets that generate tax, absent a contrary testamentary intent or statute. However, non-probate assets that do not generate tax should not be cha
• In re Est. of Mary Inez Stone v. Campbell
  463 F.2d 1316· D.C. Cir.· 1972-07-11
  Interest earned from the investment of liquidated stock proceeds inures to the benefit of specific legatees, not the residuary estate, if such was the testator's intent.
• In re Est. of Richard H. Hunt
  222 So. 2d 272· Fla. 3d DCA· 1969-04-29
  A general residuary clause in a will is insufficient to effectively bequeath life insurance proceeds payable to the estate under Fla.Stat. § 222.13.
• In re Stevenson's Will
  30 Fla. Supp. 187· Dade Cty. J. Ct.· 1968-06-13
  A Florida probate court construes the will of J. Lee Stevenson to resolve four disputed issues: whether beneficiaries receive additional shares from a stock split, what bank funds pass under the will's language, whether the sixth paragraph constitutes a residuary clause, and how
• In re Merrill's Will
  11 Fla. Supp. 48· Palm Beach Cty. J. Ct.· 1957-04-24
  The court construed the will of Charles Edward Merrill to determine how estate income should be allocated between intermediate trusts for designated beneficiaries and the residuary trust during the administration period. The court held that intermediate trusts receiving income-pr
• Elizabeth R. Archer Under the Last Will and Testament of James Lee v. Puffer
  146 Fla. 568· Fla.· 1941-04-08
  The Florida Supreme Court affirmed the dismissal of a trustee's bill of complaint challenging the executrix's authority to sell real estate under a will. The court held that the testator's will clearly authorized the surviving executrix to sell all real estate for purposes of car
• Fallesen v. Dusenbury
  131 Fla. 636· Fla.· 1938-03-03
  The Florida Supreme Court interpreted a will provision giving real property to the testator's son and his wife "at the sum of $25,000.00," holding that the phrase describes the value/cost of the property rather than an additional cash bequest, consistent with the testator's inten