Testamentary Intent

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

• David Flinn and Lucy v. Flinn and David Flinn
  502 So. 2d 454· Fla. 3d DCA· 1986-12-23 ·cited 8×
  A trust instrument alone is insufficient to transfer real estate; a deed is required. A will's mere reference to a trust does not incorporate the trust's provisions.
• Doran v. Gainer
  443 So. 2d 473· Fla. 5th DCA· 1984-01-12 ·cited 8×
  Dorothy Doran and Mary Adams challenged the distribution of their father's joint savings accounts to their sister Carol Gainer, arguing that Florida's differing statutory provisions for joint accounts at banks versus savings and loan associations violated their constitutional equ
• In re the Est. of Walter F. Ritz v. Ritz
  385 So. 2d 1102· Fla. 5th DCA· 1980-06-18 ·cited 8×
  In this Florida probate case, the widow Marie Ritz appealed the trial court's order striking Article III of her deceased husband's will, which attempted to grant her a life estate in the homestead plus the right to sell it and retain 80% of the proceeds. The appellate court parti
• In re Est. of Samuel B. Charry
  359 So. 2d 544· Fla. 4th DCA· 1978-05-31 ·cited 8×
  The Fourth District Court of Appeal affirmed the trial court's order denying a petition to revoke a codicil, holding that a will executed with a self-proof affidavit on the same document is valid even though the proper method involves separate execution followed by the addition o
• In re Est. of Glen A. Hopkins
  349 So. 2d 663· Fla. 4th DCA· 1977-08-09 ·cited 8×
  This Florida appellate case interprets a testamentary provision directing that the testator's wife receive "one-third of my adjusted gross estate." The court reversed the trial court's construction that "adjusted gross estate" meant estate tax purposes (including non-probate asse
• Ennis L. Mazza v. Mazza
  475 F.2d 385· D.C. Cir.· 1973-03-07 ·cited 8×
  The court held that the law of the decedent's domicile, Maryland, governs the apportionment of federal estate taxes for property located in the District of Columbia, not the law of the situs.
• Dreyfus v. The First Nat'l Bank OF Chicago
  424 F.2d 1171· 7th Cir.· 1970-04-27 ·cited 8×
  The court held that the testator's intent to limit bequests to his daughters was paramount and that the exercise of the power of appointment was valid, despite the estate's insolvency.
• Peoples Tr. Co. OF Bergen Cnty. under the Will of Paul O'Brien v. United States
  412 F.2d 1156· 3d Cir.· 1969-06-27 ·cited 8×
  A decedent's power to invade trust principal is not limited by an ascertainable standard for estate tax purposes if the language used, under local law, permits consumption for general benefit rather than solely for health, education, support, or maintenance.
• Forbes v. Burket
  208 So. 2d 670· Fla. 2d DCA· 1968-04-03 ·cited 8×
  Peter Craig Forbes appealed a final decree dismissing his claim to proceeds from the sale of property devised to him in his grandmother's will. The court reversed, holding that where an incompetent's guardian sells devised property and the proceeds are not necessary for the incom
• In re Est. of Phyllis Horne v. Dishong
  171 So. 2d 14· Fla. 2d DCA· 1965-01-20 ·cited 8×
  Gladys Bird, a legatee under Phyllis Horne's will, appealed the probate court's construction of article 4 of the will, which bequeathed a diamond ring and "any other personal property" to her. The court held that "personal property" in this context was limited to tangible persona
• Drafts v. Drafts
  114 So. 2d 473· Fla. 1st DCA· 1959-09-22 ·cited 8×
  This case concerns the interpretation of a will's residuary clause devising property to the testatrix's "brothers and sisters." The court addresses whether descendants of siblings who died before or after the will's execution can inherit under Florida's antilapse statute, ultimat
• In re Eltzeroth's Estate. George C. Jarrett v. Roscoe G. Eltzeroth
  83 So. 2d 772· Fla.· 1955-11-16 ·cited 8×
  The Florida Supreme Court interpreted a joint will to determine whether two named beneficiaries (the Jarrett brothers) took as a class or as individuals. The court held they took as individuals, not as a class, and therefore when one brother predeceased the testator without survi
• De Korwin v. First NAT. Bank OF Chicago
  179 F.2d 347· 7th Cir.· 1949-12-30 ·cited 8×
  The court held that the consolidations of the original trustee bank did not create a vacancy in the trusteeship, as the consolidated entities legally continued the original trustee's functions and obligations. Therefore, the defendant bank is the duly authorized trustee.
• Greenwood v. Page
  138 F.2d 921· D.C. Cir.· 1943-10-18 ·cited 8×
  The court held that the interpretation of 'legal heirs' in a will, when the property is located in the District of Columbia but the testator was domiciled in Michigan, is governed by the law of the testator's domicile if the term is used as a word of purchase and the testator's i
• Willo v. Newman
  77 Fla. 667· Fla.· 1919-05-14 ·cited 8×
  This case addresses whether L.W. Smith's 1913 will leaving all property to his wife Margaret was the product of testamentary incapacity and undue influence, when his only daughter Willo V. Newman contested its probate. The Florida Supreme Court reversed the circuit court and uphe
• In re Est. of Wilma Lucille Witt v. The First Nat'l Bank OF Clearwater
  139 So. 2d 904· Fla. 2d DCA· 1962-03-23 ·cited 7×
  In this probate appeal, the court upheld the validity of Mrs. Wilma Lucille Witt's will devising her $2.4 million estate entirely to charity (West Coast Hospital Association) rather than to her brother, the sole heir at law. The court found the decedent possessed testamentary cap
• Owens v. Est. OF Ralph E. Davis
  930 So. 2d 873· Fla. 2d DCA· 2006-06-23 ·cited 6×
  The appellate court affirmed a summary judgment finding that the appellant son was not a beneficiary of his father's will, as the will's language did not include him.
• Rosoff v. Harding
  901 So. 2d 1006· Fla. 4th DCA· 2005-05-18 ·cited 6×
  This case concerns whether the doctrine of dependent relative revocation should revive Teresa Rosoff's prior valid exercise of a power of appointment when her final exercise failed to comply with the technical requirements of the original trust document. The court held that the d
• In re Est. OF Vincent Joseph Budny v. Mikell
  815 So. 2d 781· Fla. 2d DCA· 2002-05-10 ·cited 6×
  The court held that extrinsic evidence cannot alter the clear and unambiguous terms of a will, nor can it create a residue for equal distribution when specific bequests fail due to ademption.
• Ronald Winston and former Co-Guardian of the Estate of Edna Vivian Winston v. Winston
  684 So. 2d 315· Fla. 4th DCA· 1996-12-18 ·cited 6×
  Ronald Winston appeals a trial court's vacation of a 1983 guardianship order approving transfer of his mother's liquid assets to a marital trust, where Bruce Winston claimed extrinsic fraud. The appellate court reversed, holding that the conduct complained of constitutes intrinsi
• Diana v. Elissa Bentsen
  677 So. 2d 1374· Fla. 1st DCA· 1996-08-15 ·cited 6×
  The Florida District Court of Appeal reversed an order requiring the estate of Catherine M. Diana to sell its stock in Diana Estates, Inc. (or alternatively, forcing the corporation to sell its principal real estate assets). The court held that the will's residuary provisions and
• In re Est. OF Harry B. Reese
  622 So. 2d 157· Fla. 4th DCA· 1993-08-11 ·cited 6×
  The appellate court held that the trial court erred in denying the petition to divide Trust A, as the petition sought construction of the will to effectuate the testator's intent to minimize estate taxes, not reformation.
• Est. OF William L. Reno, Jr. v. Commissioner OF Internal Revenue
  916 F.2d 955· 4th Cir.· 1990-10-19 ·cited 6×
  A testator can direct, through their will, that federal estate taxes be paid from property held as a tenancy by the entirety, even if doing so reduces the marital deduction otherwise available.
• Liberty Nat'l Bank & Tr. Co. v. United States
  867 F.2d 302· 6th Cir.· 1989-02-06 ·cited 6×
  The court held that the decedent's will contained a formula clause, making the ERTA transitional rule applicable and limiting the marital deduction.
• Wilson v. First Fla. Bank
  498 So. 2d 1289· Fla. 2d DCA· 1986-10-31 ·cited 6×
  This appeal addresses whether a will containing detailed provisions for a scholarship fund at the University of Georgia but lacking express language of conveyance or a residuary clause constitutes a valid testamentary disposition or results in partial intestacy. The court held th
• 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 the Est. OF Frank J. Hannon
  447 So. 2d 1027· Fla. 4th DCA· 1984-04-04 ·cited 6×
  The personal representative of Frank J. Hannon's estate petitioned for construction of a will provision bequeathing 1,000 shares of Murray Ohio stock to charitable organizations. The key interpretive issue was whether subsequent stock splits and dividends should be included in th
• In re Est. OF Leo J. Herman
  427 So. 2d 195· Fla. 4th DCA· 1982-11-10 ·cited 6×
  A disinherited daughter challenged a charitable devise in her father's revocable living trust, arguing she had standing to void it under a Florida statute allowing lineal descendants to challenge charitable devises made within six months of death. The court affirmed the trial cou
• The Wooster Sch. Corp. v. Hammerer
  410 So. 2d 524· Fla. 4th DCA· 1982-01-13 ·cited 6×
  The court held that where a third party's volitional act makes performance of a condition precedent to a testamentary gift impossible, the condition is excused, and the gift vests, especially when the testator's intent was to benefit the donee.
• In re Est. of Ruth W. Parker
  369 So. 2d 1034· Fla. 4th DCA· 1979-04-25 ·cited 6×
  The estate sought to probate a lost will using a typewritten draft and testimony from one disinterested witness. The trial court denied the petition, but the appellate court reversed, holding that a substantially correct draft satisfies the statutory requirement of a "correct cop
• In re Est. OF Luby L. Roberts, Jr. v. Bolton
  367 So. 2d 269· Fla. 3d DCA· 1979-02-13 ·cited 6×
  Luby Lee Roberts, Sr. appealed an order admitting his deceased son's Will to probate and denying his petition for administration without a will. The trial court found the Will's common disaster clause sufficiently ambiguous to warrant an evidentiary hearing, and based on uncontra
• Est. of Jerome Mittleman v. Commissioner OF Internal Revenue
  522 F.2d 132· D.C. Cir.· 1975-11-03 ·cited 6×
  A trust created for a surviving spouse qualifies for the marital deduction if the spouse is entitled to all income and has a general power of appointment, even if the will's language is ambiguous regarding income entitlement and distribution frequency.
• The First Nat'l Bank OF Omaha v. The United States
  490 F.2d 1054· 8th Cir.· 1974-01-30 ·cited 6×
  The court held that charitable bequests should not be reduced by a proportionate share of federal estate taxes when the testator's direction to pay taxes from the estate body fails and state apportionment law applies.
• 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 Est. of Alek G. Lunga
  271 So. 2d 805· Fla. 3d DCA· 1973-01-08 ·cited 6×
  The heirs of Alek G. Lunga challenged the probate of a will dated 1951 that was not discovered until 1969, arguing the signatures were forged. The Florida appellate court affirmed the trial judge's decision to admit the will to probate, finding that eyewitness testimony and circu
• Est. of Francis S. Tilyou by Florence J. Tilyou v. Commissioner OF Internal Revenue
  470 F.2d 693· 2d Cir.· 1972-12-08 ·cited 6×
  The court held that the 'entitled to' clause in the decedent's will, when considered in light of the surrounding circumstances and New York law, did not create a terminable interest that would disqualify the marital deduction.
• The Riggs Nat'l Bank OF Wash. v. Johnston
  445 F.2d 201· D.C. Cir.· 1971-02-26 ·cited 6×
  The court held that the language of the will, read in light of surrounding circumstances, establishes that the testatrix's use of the word 'issue' was not intended to include children adopted by the grandsons.
• Henry v. Jenkins and Joseph J. Jenkins
  231 So. 2d 809· Fla.· 1970-02-11 ·cited 6×
  This case addresses whether a testator's will referring to Florida's Principal and Income Act is governed by that statute as it existed when the will was executed, or as amended thereafter. The Florida Supreme Court held that absent express language allowing for future amendments
• Johns v. Cobb
  402 F.2d 636· D.C. Cir.· 1968-08-30 ·cited 6×
  Absent any contrary indication of the testators' actual intent, an adopted child should be deemed included within the terms of testamentary gifts to 'issue' in the wills.
• Berryman v. The Riggs Nat'l Bank OF Wash.
  401 F.2d 993· D.C. Cir.· 1968-07-19 ·cited 6×
  The court held that the Probate Court may only refuse to issue letters testamentary to a nominated executor based on the specific statutory disqualifications listed in D.C. Code § 20-351, not on alleged conflicts of interest.
• In re Est. of Robert C. Smith
  200 So. 2d 547· Fla. 2d DCA· 1967-06-16 ·cited 6×
  An executrix sold real estate from a decedent's estate to a third party without court authorization, relying on a general power of sale in the will. The court held that a general power of sale is limited by operation of law and cannot be exercised to liquidate estate property abs
• In re Est. of Katherine Elizabeth Gamble
  183 So. 2d 849· Fla. 1st DCA· 1966-03-10 ·cited 6×
  A residuary legatee challenged an executor's petition to sell estate real property, arguing the executor lacked authority under the will's power of sale clause. The court held that the executor's power to sell is limited to sales necessary to pay debts, administration costs, or m
• 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
• Lawyer v. Munro
  118 So. 2d 654· Fla. 1st DCA· 1960-03-01 ·cited 6×
  The court affirmed the trial court's construction of a will provision creating a testamentary trust for the testatrix's nephews. The court held that the nephews' interests in the trust were contingent upon their surviving the life tenant (the testatrix's sister), not merely the t
• Hight v. United States
  256 F.2d 795· 2d Cir.· 1958-06-18 ·cited 6×
  The court held that the word 'benevolent,' when used in conjunction with 'charitable,' 'religious,' or 'educational' in a will, does not automatically disqualify the estate from receiving federal estate tax benefits if the appointed institutions are in fact charitable and tax-exe
• In re Est. of Samuel B. Marks v. Ryan
  102 So. 2d 301· Fla. 2d DCA· 1958-04-23 ·cited 6×
  The court held that the phrase 'having a then value' in a will refers to the value at the time of the testator's death, as indicated by the will's structure and the word 'then'.
• Warner v. Warner
  237 F.2d 561· D.C. Cir.· 1956-08-30 ·cited 6×
  The court held that the testator's children received vested remainders in the principal, subject to divestiture only upon death with issue, and that these interests were transmissible by will.
• Dunbar H. Johnson v. Remy
  220 F.2d 73· 5th Cir.· 1955-03-11 ·cited 6×
  The proceeds of a life insurance policy payable to the insured's estate, which is not specifically mentioned in the will, pass under the residuary clause if the testator intended it to do so, and the widow's election to take dower forfeits her right to those proceeds.
• Stone v. Stokes
  163 F.2d 704· D.C. Cir.· 1947-09-15 ·cited 6×
  The court held that the testator intended the daughter-in-law to receive monthly payments from the property as a charge against it, even after conveyance to grandchildren, provided her marital status remained unchanged.
• Williams v. Augustus R. Williams
  152 Fla. 255· Fla.· 1942-10-02 ·cited 6×
  The Florida Supreme Court resolved a will construction dispute concerning whether a bequest to the testatrix's son lapsed when he predeceased her, or passed to his children under Florida's anti-lapse statute. The court held that the explicit survivorship language ('if he survive