Testamentary Intent

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

• Zella G. Hoffman & First Nat'l Bank & Tr. Co. in Waynesboro v. McGINNES
  277 F.2d 598· 3d Cir.· 1960-04-11 ·cited 14×
  The court held that the decedent's will granted his wife an unlimited power to invade the principal, qualifying the estate for a marital deduction under Section 2056(b)(5) of the Internal Revenue Code.
• 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
• Sanderson v. Sanderson
  70 So. 2d 364· Fla.· 1954-02-09 ·cited 14×
  This case involves the construction of a joint will executed by a married couple in 1941, specifically whether the surviving widow received a fee simple estate or only a life estate with a power of disposition in her deceased husband's property. The Florida Supreme Court held tha
• Hilton v. Kinsey
  185 F.2d 885· D.C. Cir.· 1950-11-16 ·cited 14×
  The court held that the codicil effectively revoked the will and that the testator's intent was to provide for his children and their issue, with charities taking only if no grandchildren were born.
• Krissoff v. THE First Nat'l Bank OF Tampa & Thomas F. Cousins under the Last Wil & Testament of Joseph B. Cousins
  159 Fla. 522· Fla.· 1947-10-24 ·cited 14×
  This case interprets a testator's will to determine whether remainder interests in a trust estate vested when the testator died or when the life tenant (his widow) died. The Florida Supreme Court held that remainder interests were contingent and vested only at the life tenant's d
• Travis v. Ashton
  156 Fla. 529· Fla.· 1945-11-02 ·cited 14×
  This case reviews a conviction for second-degree murder, considering whether the evidence supported the charge and if a new trial should be granted due to alleged perjury by a witness claiming to be the deceased's wife.
• Kinney v. Shinholser
  663 So. 2d 643· Fla. 5th DCA· 1995-09-22 ·cited 13×
  George Kinney appealed the dismissal of his malpractice complaint against his parents' attorneys and accountant, alleging they failed to advise his mother of tax consequences involving a general power of appointment that resulted in $320,000 in additional estate taxes. The court
• Lowrimore v. First Sav. & Tr. Co. of Tampa
  102 Fla. 740· Fla.· 1931-08-06 ·cited 13×
  The Florida Supreme Court reversed a lower court decision that awarded the entire trust estate remainder to the testator's half-brother. The court held that "next of kin" in the will referred to all blood relatives of equal degree (nephews and nieces of both full and half blood)
• Allen v. Margarete Dalk
  826 So. 2d 245· Fla.· 2002-08-29 ·cited 12×
  The Florida Supreme Court held that a constructive trust cannot be imposed to validate an otherwise invalid will, even where the testator clearly intended to execute it but failed to comply with statutory formalities due to a mistake. The Court declined to extend its holding in E
• Serpa v. N. Ridge Bank
  547 So. 2d 199· Fla. 4th DCA· 1989-06-21 ·cited 12×
  A general reference in a will to 'bank accounts,' without more, is insufficient to demonstrate the testator's intent to revoke a Totten trust.
• Elliott v. Krause
  531 So. 2d 74· Fla.· 1987-04-30 ·cited 12×
  The Tax Court erred by failing to adequately consider the contemporaneous tax-assessed value of the property, which is intended to represent fair market value under Ohio law.
• In re Est. OF Evelyn Agnes Barker v. Broughton
  448 So. 2d 28· Fla. 1st DCA· 1984-03-27 ·cited 12×
  Margaret Frankenberg, personal representative of Evelyn Agnes Barker's estate, appealed an order denying her petition to admit a residuary clause from an earlier will that was allegedly inadvertently omitted from the later probated will. The court affirmed the denial, holding tha
• In re Est. of Emma Jones v. Jones
  352 So. 2d 1182· Fla. 2d DCA· 1977-10-19 ·cited 12×
  The court reversed the trial court's dismissal of charitable organizations' petition to substitute a residuary estate disposition from an earlier will when the later will's charitable disposition was struck down as violating the rule against perpetuities. The court held that the
• In re Est. OF Ruth L. Johnson
  347 So. 2d 785· Fla. 1st DCA· 1977-06-24 ·cited 12×
  The court held that a testator's bequest to her long-time household servant, who served as a subscribing witness to the will, should not be voided under the inflexible language of Florida's disqualifying witness statute. The court found that the servant gained nothing through the
• Est. of Milton S. Wycoff v. Commissioner OF Internal Revenue
  506 F.2d 1144· 10th Cir.· 1974-11-19 ·cited 12×
  The dissenting judge believes the majority opinion departs from the testator's clearly expressed intent regarding the payment of estate taxes.
• Cont'l Ill. Nat'l Bank & Tr. Co. of Chicago v. The United States
  403 F.2d 721· Ct. Cl.· 1968-11-15 ·cited 12×
  A bequest to a foreign city for the benefit of its citizens, even if made to a governmental entity, can be deductible under Section 2055(a)(3) if it meets the requirements for charitable use, and is not automatically excluded by Section 2055(a)(1).
• In re Est. of Iva Neil Blankenship v. J. L. Reed & SON
  122 So. 2d 466· Fla.· 1960-06-15 ·cited 12×
  The Florida Supreme Court reversed the District Court of Appeal's decision and held that amended § 731.19 must be applied according to its plain language, which invalidates charitable bequests in a will executed within six months of death unless a prior will containing substantia
• In re Wider's Estate. Wider v. Wider
  62 So. 2d 422· Fla.· 1952-12-09 ·cited 12×
  This case concerns the probate of Will F. Wider's will, which was contested due to the testator cutting out and pasting back his own signature. The court considered whether this mutilation constituted a revocation.
• Perkins v. Brown
  158 Fla. 21· Fla.· 1946-10-08 ·cited 12×
  Dorothy Lenora Perkins challenged an order granting her stepfather, R. H. Brown, a share in her mother's estate as a pretermitted spouse under Florida law. The Florida Supreme Court held that the will clearly disclosed the testatrix's intention to exclude her husband from partici
• Commissioner of Internal Revenue v. Childs' Estate
  147 F.2d 368· 3d Cir.· 1945-02-08 ·cited 12×
  The court held that the testator's wife took a fee simple interest in the residuary estate under Pennsylvania law, and that the Tax Court erred in valuing the stock subject to an unexercised option at the option price.
• Noel v. Olds
  138 F.2d 581· D.C. Cir.· 1943-10-11 ·cited 12×
  The court held that the doctrine of judicial cy pres is in force in the District of Columbia and applies to this charitable trust, preventing its failure due to Duke University's refusal of the bequest.
• Albury v. Albury
  63 Fla. 329· Fla.· 1912-01-01 ·cited 12×
  This case concerns the construction of two clauses in the will of Rosana Albury regarding ownership of land on Long Key, Florida. The core dispute is whether a devise to Benjamin Albury and Andrew J. Kemp is void for uncertainty of description, or whether the court can apply prin
• Spca Wildlife Care Ctr. v. Abraham
  75 So. 3d 1271· Fla. 4th DCA· 2011-12-14 ·cited 11×
  SPCA Wildlife Care Center appeals a trial court order invalidating a residuary clause in a will that named a non-existent entity ("International Wildlife Society") as charitable beneficiary, causing the estate to pass by intestacy. The appellate court reverses, holding that the t
• Espinosa v. Sparber
  586 So. 2d 1221· Fla. 3d DCA· 1991-09-17 ·cited 11×
  A surviving spouse and estate representative appealed a summary judgment dismissing a legal malpractice action against attorneys who drafted a defective will and codicils. The court affirmed dismissal of claims by the testator's children for lack of privity but reversed as to the
• In re Est. OF Mallory T. "Pete" Miller v. Miller
  568 So. 2d 487· Fla. 1st DCA· 1990-10-10 ·cited 11×
  The court held that the trial court abused its discretion by appointing a curator without sufficient proof of necessity, when less drastic alternatives were available.
• In re Est. of George F. Bauer v. Reese
  161 So. 2d 678· Fla. 1st DCA· 1964-03-03 ·cited 11×
  A widow appealed the probate court's dismissal of her petition to set aside her deceased husband's will. The widow argued she should be treated as a pretermitted spouse under Florida statute because her remarriage to the decedent after an intervening divorce should have revoked t
• Schleider v. The Est. OF Anne Schleider
  770 So. 2d 1252· Fla. 4th DCA· 2000-11-01 ·cited 10×
  A trial court abuses its discretion by refusing to appoint a personal representative named in a will solely based on a dispute between beneficiaries, without considering other factors that might justify such refusal.
• HCA Gulf Coast Hosp. v. Est. OF Phyllis E. Downing
  594 So. 2d 774· Fla. 1st DCA· 1991-12-16 ·cited 10×
  An heir possessing an equitable interest in real property through a spendthrift trust may benefit from the homestead exemption from forced sale, just as if the property passed directly.
• In re Est. OF James John Dickson v. Christa Kohl Dickson & Am. Cancer Soc'y
  590 So. 2d 471· Fla. 3d DCA· 1991-11-26 ·cited 10×
  The court reversed a trial court order admitting a will to probate where the testator had written "NULL AND VOID" on the self-proof page, circled the word "void" over the notarial seal, and signed the notation. The court held that the physical acts of cancellation and the written
• In re Est. OF Francis M. McGAHEE. Barbara Lea Perry v. Neesmith
  550 So. 2d 83· Fla. 1st DCA· 1989-09-21 ·cited 10×
  The court reversed a probate decision that invalidated a will's incorporation by reference of an earlier handwritten document. The appellate court held that Florida's incorporation by reference statute should be construed to effectuate the testator's intent by considering testimo
• Martin v. Nemec
  526 So. 2d 157· Fla. 4th DCA· 1988-05-18 ·cited 10×
• Yoakley v. Raese
  448 So. 2d 632· Fla. 4th DCA· 1984-04-25 ·cited 10×
  The terms of Florida Statute Section 733.805 control the payment of estate taxes and debts, not the terms of a trust agreement, where the will directs payment from the residuary estate but fails to specifically designate an alternative source if the residuary estate proves insuff
• The First Nat'l Bank OF Chicago v. Ettlinger
  465 F.2d 343· 7th Cir.· 1972-07-24 ·cited 10×
  The court held that the district court did not err in denying motions to remand and in concluding that the testator exercised his general testamentary powers of appointment over trust assets.
• Cosby v. O. D. (Bud) Shackelford and Ruth Jane Lee
  408 F.2d 1144· 10th Cir.· 1969-03-26 ·cited 10×
  The court held that the trial court correctly interpreted the will's eleventh paragraph as directing that all death taxes, including those on non-testamentary assets, should be paid from the specified probate assets.
• Forbes v. Burket
  181 So. 2d 682· Fla. 2d DCA· 1966-01-05 ·cited 10×
  Peter Craig Forbes appealed the dismissal of his suit seeking declaratory relief regarding his rights under his grandmother's will to a home that was sold by her court-appointed guardian while she was incompetent. The District Court reversed, holding that Forbes stated a valid ca
• In re Est. of Benjamin Rose v. First Nat'l Bank OF Miami
  165 So. 2d 226· Fla. 3d DCA· 1964-06-09 ·cited 10×
  This case reviews a county judge's interpretation of a will, specifically whether a bequest of 'one-half (Vá) of my adjusted, gross estate' was a specific dollar amount or a fractional share of the residual estate. The appellate court affirmed the lower court's decision, finding
• Elmore v. Elmore
  99 So. 2d 265· Fla.· 1957-12-18 ·cited 10×
  The Florida Supreme Court reversed a probate decree concerning the interpretation of a will where the testatrix, who owned only an undivided one-half interest in property, attempted to devise specific portions of land as though she owned the entire tract in fee. The court held th
• Brinker v. Humphries
  194 F.2d 350· D.C. Cir.· 1952-01-31 ·cited 10×
  The court held that the proceeds from the sale of real property were intended for the named legatees, even though the property was sold before the testatrix's death.
• Caine v. Payne
  182 F.2d 246· D.C. Cir.· 1950-05-08 ·cited 10×
  The court held that the testator intended for the nephews' interests to be contingent upon surviving the termination of the preceding life estates, meaning only the nephew who survived the trust termination would inherit.
• Pace v. Bradley
  171 F.2d 350· D.C. Cir.· 1948-12-20 ·cited 10×
  The court held that the will's language, when read as a whole, clearly indicated the testatrix's intent to disinherit one beneficiary and provide for another, thus making the statute inapplicable.
• Buchanan v. Nat'l Sav. & Tr. Co
  146 F.2d 13· D.C. Cir.· 1944-11-13 ·cited 10×
  A trust created for the protection of descendants can be reached to enforce a child's right to support, even against a spendthrift provision, if the beneficiary fails to provide for the child.
• Glenn v. Roberts
  95 So. 3d 271· Fla. 3d DCA· 2012-06-20 ·cited 9×
  Terry Glenn appeals from a judgment on the pleadings that invalidated his friend Barbara French's will and directed intestate distribution to French's granddaughter, Roberts. The court reversed, holding that the will's language devising the residuary estate to Glenn was unambiguo
• Tillman v. Smith
  526 So. 2d 730· Fla. 5th DCA· 1988-05-26 ·cited 9×
  Virginia Savage Smith, the surviving spouse of Elmer Smith, sought her elective share of his estate despite an antenuptial agreement waiving spousal rights. After the trial court awarded her the elective share and permitted her attorneys to collect $193,250 in fees from the estat
• In re the Est. OF Daniel A. Udell
  482 So. 2d 458· Fla. 4th DCA· 1986-01-15 ·cited 9×
  The Fourth District Court of Appeal addressed the proper construction of a will provision incorporating a nuptial agreement that guaranteed the widow either one-third of the estate or $100,000, whichever is greater. The court held that the widow's devise was a general bequest und
• In re the Est. of Mary Elizabeth Barrett v. Harrison A. Cooke
  159 Fla. 901· Fla.· 1948-01-06 ·cited 9×
  The Florida Supreme Court interpreted a will's provision creating a trust for Charles W. Dodge with remainder to his son Harger Wells Dodge, determining that when both intended beneficiaries predeceased the testatrix, the bequest lapsed and became part of the residuary estate rat
• Green v. Barrow
  150 Fla. 594· Fla.· 1942-05-19 ·cited 9×
  The Florida Supreme Court reversed a trial court's judgment that a testator's will granted his wife only a life estate without power to convey. The court held that the will language granted the wife a life estate with full power to convey the estate during her lifetime, making he
• 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
• Timmons v. Ingrahm
  36 So. 3d 861· Fla. 5th DCA· 2010-06-04 ·cited 8×
  Frank Sr.'s will created trusts with a limited power of appointment allowing his widow Myrtle to distribute trust assets only to his 'lineal descendants,' but Myrtle attempted to exercise this power in favor of her own natural children, who are not lineal descendants. The court r
• Azcunce v. Est. OF Rene R. Azcunce
  586 So. 2d 1216· Fla. 3d DCA· 1991-09-17 ·cited 8×
  Patricia Azcunce, born after her father's will but before his second codicil, sought a statutory share as a pretermitted child. The court held that when a codicil expressly republishes a prior will, a child born between the original will and the codicil loses pretermitted child s
• Rosenstone v. Satchell
  560 So. 2d 1229· Fla. 4th DCA· 1990-04-04 ·cited 8×
  An attorney may be liable for negligence to a non-client if the client intended to benefit that non-client through the attorney's services.