Testamentary Intent

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

• Demetra DeMARIS v. Asti
  426 So. 2d 1153· Fla. 3d DCA· 1983-02-08 ·cited 25×
  An attorney's liability to a testamentary beneficiary for malpractice arises only if the beneficiary's legacy is lost or diminished due to the attorney's professional negligence, frustrating the testator's intent as expressed in the will.
• DePass v. The Kan. Masonic Home Corp. under the laws of the State of Kan.
  132 Fla. 455· Fla.· 1938-04-25 ·cited 25×
  The Florida Supreme Court holds that a testatrix's general devise of "all my estate" does not automatically execute a power of appointment over her deceased husband's estate merely because she owned no real property of her own at the time of the will's execution. The court adopts
• Boyle v. Howe
  126 Fla. 662· Fla.· 1935-12-27 ·cited 25×
  The Florida Supreme Court affirmed a circuit court decree due to an equally divided court. The justices were split on whether to affirm or reverse the decree, leading to an affirmance based on precedent for equally divided appellate courts.
• In re Est. of Helen D. Lubbe v. Kamoraski
  142 So. 2d 130· Fla. 2d DCA· 1962-05-02 ·cited 24×
  The Florida District Court of Appeal affirmed a probate court's decision voiding a residuary bequest to Brantley Burcham, an attorney who drafted Helen D. Lubbe's 1959 will and served as an interested subscribing witness. The court rejected arguments that the bequest should be sa
• W. Coast Hosp. Ass'n v. The Fla. Nat'l Bank OF Jacksonville
  100 So. 2d 807· Fla.· 1958-02-28 ·cited 24×
  The Florida Supreme Court reviews a trial court's decree awarding trustee fees and attorneys' fees in administering a charitable trust established by Mary S. Morrow's will. The court affirms the total fee amount for the corporate trustee but reverses the award of fees to individu
• 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
• Belle Brickell and Maude E. Brickell v. DiPietro
  145 Fla. 23· Fla.· 1940-10-08 ·cited 24×
  This case concerns whether Mary Brickell's will created an irrevocable trust for maintaining a home for her unmarried children, or whether the beneficiaries could terminate the arrangement and convey the property by mutual consent. The Florida Supreme Court held that no trust was
• Sternberg v. Fla. Nat'l Bank of Jacksonville
  114 Fla. 580· Fla.· 1934-04-24 ·cited 24×
  The Florida Supreme Court reversed a trial court decree that subordinated a bequest of personal property to a trust provision, holding that both provisions of the testator's will can be harmonized according to his intent rather than applying a mechanical rule that the last provis
• Husson v. George F. Bensel with the Will Annexed
  124 Fla. 304· Fla.· 1936-05-18 ·cited 23×
  This case concerns the interpretation of a holographic will to determine if a specific phrase constituted a residuary clause. The court held that the phrase "Any personal belongings I have are hers" did not create a residuary bequest, and therefore, the remaining personal propert
• The Fine Arts Museums Found. v. First Nat'l IN Palm Beach
  633 So. 2d 1179· Fla. 4th DCA· 1994-03-23 ·cited 22×
  The Fine Arts Museums Foundation appealed a probate court's grant of summary judgment in a will construction case, arguing the court erred in finding no ambiguity in a devise to the "De Young Museum Art School," a corporation dissolved before the will's execution. The appellate c
• Clifton v. Clifton
  553 So. 2d 192· Fla. 5th DCA· 1989-10-12 ·cited 22×
  Dorothy Clifton appeals a trial court judgment that limited her interest in her late husband's homestead property to a life estate, with remainder interests passing to their two adult sons. The appellate court reversed, holding that the husband's will devised the fee simple to Do
• Campbell v. Campbell
  489 So. 2d 774· Fla. 3d DCA· 1986-04-29 ·cited 22×
  The court reversed a trial court's order interpreting a will provision regarding partnership interests in a family business, finding that the will language was ambiguous and entitled the appellants to present extrinsic evidence of the testator's intent. The case illustrates when
• OLD Kent Bank & Tr. Co. v. United States
  362 F.2d 444· 6th Cir.· 1966-06-15 ·cited 22×
  The court held that state court adjudications are not binding on federal courts when they are collusive, meaning the primary motive is to avoid federal tax liability.
• Meszaros v. Holsberry
  84 So. 2d 565· Fla.· 1956-01-04 ·cited 22×
  The Florida Supreme Court affirmed a chancellor's construction of a mutual will executed by spouses Jacob and Augusta Petry that made the will's effectiveness conditional on their deaths resulting from a common disaster. Since both died from natural causes within sixteen days of
• Lincoln Rochester Tr. Co. v. McGOWAN
  217 F.2d 287· 2d Cir.· 1954-11-15 ·cited 22×
  The court held that evidence of events occurring after the testator's death is generally inadmissible to determine the ascertainability of a charitable deduction, as the standard for invasion must be assessed based on circumstances existing at the testator's death.
• Jones v. Shomaker
  41 Fla. 232· Fla.· 1899-01-01 ·cited 22×
  Violet Jones, a longtime domestic servant, was bequeathed land for life with remainder to her children under her employer's will, but an execution creditor purchased the same land at a sheriff's sale. The Florida Supreme Court held that a creditor who accepts a testamentary provi
• Howe v. Sands
  141 Fla. 813· Fla.· 1940-02-20 ·cited 21×
  This case concerns the interpretation of a will's provision granting the executor exclusive authority to determine who qualifies as a "servant" for bequests. The appellate court reversed the lower court's decision, holding that the executor's determination, if made in good faith
• Mollie Mottier Wallace & Tr. under the Last Will & Testament of D. B. Wallace v. Wallace
  118 Fla. 844· Fla.· 1935-03-21 ·cited 21×
  The Florida Supreme Court interpreted a will to determine how an estate should be distributed after the testator's widow dissented from the will and elected to take her statutory dower rights instead. The court held that the widow's election to take dower accelerated the remainde
• In re Est. of Ann M. Mullin v. First Nat'l Bank IN ST. Petersburg
  133 So. 2d 468· Fla. 2d DCA· 1961-10-06 ·cited 20×
  The Florida District Court of Appeal affirmed a probate judge's construction of a will and codicil, holding that extrinsic evidence was properly admitted to resolve ambiguity in the revoking paragraph, which revealed the testatrix intended to accelerate the remainder to named ben
• Kasper v. Kellar
  217 F.2d 744· 8th Cir.· 1954-12-16 ·cited 20×
  The court held that the marital deduction is inapplicable if the surviving spouse's interest is contingent upon distribution of the estate, unless it is certain at the decedent's death that the interest will become absolute within six months.
• Hattie Dean Blocker v. Blocker
  103 Fla. 285· Fla.· 1931-10-27 ·cited 20×
  In this 1931 Florida Supreme Court case, the Court upheld a partition decree affecting land burdened by contingent remainders. The case clarifies that courts of equity may partition such land and bind unborn remaindermen through the doctrine of representation, and that merger of
• In re Est. of Maude L. Wood v. The LEE Cnty. Bank
  226 So. 2d 46· Fla. 2d DCA· 1969-08-13 ·cited 19×
  The Florida District Court of Appeal affirmed an order interpreting Maude L. Wood's will, holding that the named devisees in paragraph Fifth should take the estate rather than the heirs at law, despite the will's failure to address succession when the testator's husband predeceas
• 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
• . Sawyer v. Letitia Collier
  120 Fla. 248· Fla.· 1935-02-09 ·cited 19×
  The Florida Supreme Court held that a trust instrument executed by John Collier over $50,000 in U.S. Treasury bonds, which provided for distribution to his grandchildren upon his death, validly transferred title to the trustee during Collier's lifetime, and therefore the bonds we
• In re Est. OF Holly E. Gainer v. Doran
  466 So. 2d 1055· Fla.· 1985-02-14 ·cited 18×
  Carol Gainer appeals a Fifth District Court of Appeal decision invalidating Florida Statutes section 665.063(1)(a) as unconstitutional under equal protection clauses. The Florida Supreme Court reverses, holding that the statute's different treatment of joint accounts in federal s
• Strite v. McGINNES
  330 F.2d 234· 3d Cir.· 1964-03-31 ·cited 18×
  The court held that the decedent's power to invade trust principal for the 'benefit or comfort' of herself was not limited by an ascertainable standard relating to health, education, support, or maintenance, and thus constituted a general power of appointment includible in her gr
• Ferguson v. Patterson
  191 F.2d 584· 10th Cir.· 1951-09-06 ·cited 18×
  The court held that the language in the will was insufficient to create a trust, and the residue of the estate was intended to vest absolutely in the beneficiary. The federal court had jurisdiction to construe the will.
• Langford v. McCORMICK
  552 So. 2d 964· Fla. 1st DCA· 1989-11-09 ·cited 17×
  Robert Langford appeals the denial of his petition to revoke probate of his sister Anava McCormick's March 1985 will in favor of her September 1985 will. The trial court found the September will was procured through undue influence by Langford family members. The appellate court
• In re the Est. OF Randolph A. Skuro
  467 So. 2d 1098· Fla. 4th DCA· 1985-05-01 ·cited 17×
  The Fourth District Court of Appeal affirmed that a contract for sale of homestead property executed before the owner's death does not destroy the property's homestead status. The court rejected the doctrine of equitable conversion as applied to homestead property, holding that h
• Willard v. Hallam
  132 So. 2d 198· Fla. 2d DCA· 1961-07-28 ·cited 17×
  In this complex estate dispute, Willard V. Hallam sought to recover property that his mother Mary V. Hallam transferred to his sister Miriam H. Gladman between 1929-1930, claiming a constructive trust should be imposed. The Florida appellate court affirmed the chancellor's decisi
• Robinson v. Randolph
  21 Fla. 629· Fla.· 1885-06-01 ·cited 17×
  This case addresses the proper construction of a testamentary devise of land to a daughter and whether restraints on alienation are valid. The Florida Supreme Court held that the testator intended to convey a fee simple estate to his daughter through the use of the word 'property
• Goter v. Brown
  682 So. 2d 155· Fla. 4th DCA· 1996-05-29 ·cited 16×
  Ronald Goter, as personal representative of John Murphy's estate, appealed a probate court decision awarding IRA funds to Murphy's sister Dorothy Brown based on the IRA's designated beneficiary designation. The Florida appellate court reversed, holding that Murphy's will effectiv
• In re Est. OF C.J. Lenahan v. Lenahan
  511 So. 2d 365· Fla. 1st DCA· 1987-07-10 ·cited 16×
  This case concerns the construction of a will to determine whether a marital deduction trust established for the testator's wife was liable for payment of federal and state estate taxes. The trial court held that the marital deduction trust was responsible for paying estate taxes
• In re The Est. OF Myer G. Baer
  446 So. 2d 1128· Fla. 4th DCA· 1984-02-29 ·cited 16×
  A Florida appellate court addressed whether a revoked pour-over trust's dispositive provisions remain incorporated by reference in a will after the trust is revoked. The court held that despite revocation of the inter vivos trust, its distribution scheme remains part of the testa
• Tarsagian v. Watt
  402 So. 2d 471· Fla. 3d DCA· 1981-07-28 ·cited 16×
  The court held that the evidence did not support the trial court's finding of undue influence in the procurement of the will, and thus reversed the revocation of probate.
• In re Est. of Adrian Bancker
  232 So. 2d 431· Fla. 4th DCA· 1970-03-11 ·cited 16×
  The court held that the destroyed 1966 will was sufficiently re-established for probate and that the destruction did not constitute a valid revocation under Florida law.
• In re Est. of Charles N. McCUNE
  223 So. 2d 787· Fla. 4th DCA· 1969-06-13 ·cited 16×
  The county judge had jurisdiction to award attorney's fees for services benefiting the estate, even after this court denied a prior motion for fees, and the award will not be disturbed absent a showing of abuse of judicial power.
• Est. of William Zentmayer v. Commissioner OF Internal Revenue
  336 F.2d 488· 3d Cir.· 1964-09-09 ·cited 16×
  The court held that the will did not provide an ascertainable standard for the invasion of the trust principal, thus disallowing the deduction for a charitable remainder.
• George J. Sullivan C.T.A. of the Estate of Mary E. Sutton Sullivan v. Chase Fed. Sav. & Loan Ass'n
  119 So. 2d 78· Fla. 3d DCA· 1960-03-10 ·cited 16×
  An estate administrator challenged a summary decree awarding a joint savings account to a non-spousal beneficiary, Selena M. Poster. The court held that where a joint account with survivorship is established with intent to make a testamentary gift effective only upon death, such
• Cartinhour v. Houser
  66 So. 2d 686· Fla.· 1953-07-28 ·cited 16×
  The Florida Supreme Court upheld a testamentary trust provisions against a challenge based on the rule against perpetuities. The court held that the testator's intent to vest estate interests in named beneficiaries upon her death, with delayed possession for ten years, complied w
• Baker v. Nat'l Sav. & Tr. Co.
  181 F.2d 273· D.C. Cir.· 1950-02-13 ·cited 16×
  The court held that the will's intent is unclear and remanded for the presentation of extrinsic evidence to ascertain the testator's actual intent, or alternatively, to apply legal rules for construction.
• Cutler v. Cutler
  994 So. 2d 341· Fla. 3d DCA· 2008-09-03 ·cited 15×
  Edward Cutler appeals an order exempting his sister Cynthia's inherited residence from their mother's creditors' claims based on homestead protection. The court affirms that the property retained homestead status while in trust but reverses the exemption, holding that the testato
• In re The Est. of Coleman K. Lesher v. Fla. Nat'l Bank of Gainesville
  365 So. 2d 815· Fla. 1st DCA· 1979-01-04 ·cited 15×
  This case addresses whether a will provision bequeathing "personal property" physically situated in Pennsylvania is ambiguous regarding whether it includes intangible property. The court held that the phrase is ambiguous, admitted extrinsic evidence, and concluded the testator in
• In re Williams'estate
  59 So. 2d 13· Fla.· 1952-04-25 ·cited 15×
  The Florida Supreme Court reversed a lower court's decision that a bequest to a religious organization had failed. The court held that the successor organization, Hendricks Avenue Baptist Church, was entitled to the bequest because it was the legal successor to the original benef
• In re the Est. OF Lester O. Schriver v. Merritt L. Schriver
  441 So. 2d 1105· Fla. 5th DCA· 1983-11-03 ·cited 14×
  A widow whose husband's will excluded her sought to exercise her statutory elective share through a durable family power of attorney held by her daughter. The trial court denied the election, but the appellate court reversed, holding that the donee of a durable family power of at
• John F. White D.B.N. v. United States
  680 F.2d 1156· 7th Cir.· 1982-06-14 ·cited 14×
  The court held that the law of the donee's domicile governs the determination of whether a general power of appointment was exercised by will, and that under Indiana law, the decedent did not exercise the power.
• Barnett First Nat'l Bank OF Jacksonville v. Cobden
  393 So. 2d 78· Fla. 5th DCA· 1981-02-04 ·cited 14×
  The Florida District Court of Appeal reversed a lower court's order appointing a successor trustee, holding that the testator's intent was for the named bank to serve as successor trustee when an initial trustee became incompetent, even if not explicitly stated as a condition for
• In re Est. of Ruth L. Johnson v. Morris
  359 So. 2d 425· Fla.· 1978-03-16 ·cited 14×
  A bequest to a subscribing witness is valid under the savings clause of Fla. Stat. § 731.07(5) if the witness would have received an equal or greater share under a prior will, even if the witness is not entitled to take by intestacy.
• In re Est. of Floretta van Horne v. VAN Horne
  305 So. 2d 46· Fla. 3d DCA· 1974-09-24 ·cited 14×
  Walter Shikany appeals an order revoking probate of two codicils and invalidating the third codicil as to himself due to undue influence. The court affirmed, finding that Shikany, as guardian of the testatrix with a confidential relationship to her, improperly participated in pre
• Est. of Mervin G. Pierpont v. Commissioner OF Internal Revenue
  336 F.2d 277· 4th Cir.· 1964-09-04 ·cited 14×
  The Tax Court erred in denying the marital exemption based on the omission of the word 'estate' from the will's power of appointment clauses.