Testamentary Intent

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

• Tonnelier v. Tonnelier
  132 Fla. 194· Fla.· 1938-01-13 ·cited 6×
  This case concerns the validity of a codicil to a will and the revocation of that will based on the testator's testamentary capacity. The Florida Supreme Court reversed the lower court's dismissal of the bill of complaint, holding that the testator lacked testamentary capacity bo
• Bross v. Bross
  123 Fla. 758· Fla.· 1936-04-24 ·cited 6×
  This case involves the construction of a will creating a trust for the testator's widow with remainder to his minor daughter. The court held that when the widow elected to take dower against the will, this did not accelerate the daughter's life estate into a fee simple absolute,
• Hamilton v. Fla. Nat'l Bank of Jacksonville
  112 Fla. 566· Fla.· 1933-11-01 ·cited 6×
  This case addresses whether a will executed before a trust deed can effectively exercise a power of appointment reserved in the later trust deed. The Florida Supreme Court held that a pre-existing will can execute a subsequently created power of appointment if the settlor-testato
• Juanita Easterlin by Her Next Friend v. Ada Easterlin
  62 Fla. 468· Fla.· 1911-06-01 ·cited 6×
  Juanita Easterlin, born after her father's will was executed, sought to revoke the will on the ground that her subsequent birth automatically revoked it. The Florida Supreme Court held that at common law, the birth of a child after a will's execution does not revoke the will, and
• 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.
• First Union Nat'l Bank OF Fla., N.A. v. Frumkin
  659 So. 2d 463· Fla. 3d DCA· 1995-08-23 ·cited 5×
  The court held that parol evidence was admissible to resolve a patent ambiguity in the trust provisions regarding principal distributions.
• King v. Ola Dean T. Ellison
  648 So. 2d 666· Fla.· 1994-11-03 ·cited 5×
  Section 732.401(1), Florida Statutes, does not violate the Florida Constitution when it vests a remainder interest in homestead property in lineal descendants, as it prescribes how homestead descends when not devised as permitted by law or constitution, rather than imposing an un
• Jones v. Jones
  412 So. 2d 387· Fla. 2d DCA· 1982-03-10 ·cited 5×
  This case determines whether a testator's ability to devise homestead property is governed by the constitutional provision in effect when the will was executed or when the testator died. The court held that a will speaks as of the testator's death, so the constitutional amendment
• In re Est. of Samuel B. Sacks
  267 So. 2d 888· Fla. 3d DCA· 1972-10-24 ·cited 5×
  The court held that a bequest in a codicil was in satisfaction of, not in addition to, a sum agreed upon in an antenuptial agreement, and that the widow was not entitled to a family allowance.
• In re Est. of Harry Freedman
  226 So. 2d 423· Fla. 3d DCA· 1969-09-16 ·cited 5×
  Evelyn Patricia Freedman appealed orders denying her petition to revoke her father's will and her petition to claim assets as a pretermitted child. The court affirmed, holding that the will validly excluded her by name and that a subsequent codicil republished the original will,
• Risolia v. The First Nat'l Bank OF Miami
  224 So. 2d 714· Fla. 3d DCA· 1969-06-03 ·cited 5×
  A beneficiary of a residuary trust challenged the trial court's determination that income accrued during the prolonged administration of an estate should go to the widow beneficiary of a separate trust rather than to the residuary trust. The court affirmed, holding that the widow
• Leighton v. Harmon
  111 So. 2d 697· Fla. 2d DCA· 1959-05-01 ·cited 5×
  Leighton appealed the probate court's denial of his petition to probate Helen Baier's will, which named him as sole beneficiary. The court found the will had been cancelled based on handwriting evidence and witness testimony that Baier had revoked it, and the appellate court affi
• Edwards v. Edwards
  106 So. 2d 558· Fla.· 1958-11-19 ·cited 5×
  The Florida Supreme Court held that under Section 731.35(2), a county judge has discretionary power to grant or deny an incompetent widow's election to take dower (made by her guardian), exercised in the widow's best interest rather than her heirs' interest. The court affirmed th
• In re Est. OF Va. E. Murphy. Jacqueline Rocke v. Am. Research Bureau
  184 So. 3d 1221· Fla. 2d DCA· 2016-01-20 ·cited 4×
  Virginia E. Murphy, a 107-year-old testator, left multiple wills executed over five years. The probate court invalidated the 1994 will's residuary clause due to undue influence by her attorney Jack Carey and his assistant, but upheld the will's revocation clause, causing the esta
• 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
• Hernandez v. Hernandez
  946 So. 2d 124· Fla. 5th DCA· 2007-01-19 ·cited 4×
  Ruben Lopez Hernandez appeals the trial court's decision to refuse his appointment as personal representative of his father's estate despite being named in the will, in favor of appointing an unrelated attorney. The court reversed, holding that mere animosity between beneficiarie
• Barley v. Barcus
  877 So. 2d 42· Fla. 5th DCA· 2004-06-04 ·cited 4×
  The court held that Mary Barley had standing to challenge the appointment of a trustee and that the will required the appointment of a corporate trustee for the residuary trust.
• Lauri F. Parker v. Shullman
  843 So. 2d 960· Fla. 4th DCA· 2003-04-16 ·cited 4×
  Lauri Parker sought to remove Steven Shullman as personal representative of her mother's estate and trustee of her mother and stepfather's trusts, alleging vindictive and questionable conduct. The trial court denied the removal petition, finding that while some of Shullman's acti
• Kernkamp v. Bolthouse
  714 So. 2d 655· Fla. 5th DCA· 1998-07-31 ·cited 4×
  John Kernkamp, as personal representative of his mother's estate, appeals an order requiring him to distribute stocks and bonds to his mother's niece pursuant to a codicil. The court finds the codicil's reference to a "Smith Barney account" is ambiguous and remands for an evident
• Kasmer v. In re the Guardianship OF Roman Limner
  697 So. 2d 220· Fla. 3d DCA· 1997-07-23 ·cited 4×
  Rose and Morris Kasmer, as personal representatives of Roman Limner's estate, appealed a probate court order requiring cremation of Limner's remains pursuant to his will. The Florida appellate court affirmed the order, holding that testamentary directions regarding disposition of
• Winston v. Brogan
  844 F. Supp. 753· S.D. Fla.· 1994-01-27 ·cited 4×
  The court held that genuine issues of material fact exist regarding whether the plaintiff was an intended third-party beneficiary of the defendants' legal services and whether the defendants' alleged negligence caused the plaintiff's damages, precluding summary judgment.
• In re Est. OF Harry T. Whitley
  508 So. 2d 455· Fla. 4th DCA· 1987-05-27 ·cited 4×
  This appeal concerns whether a $100,000 promissory note was a valid asset of the decedent's estate. The court affirmed the probate court's finding that a cancellation clause in the note—which voided the debt if the payee failed to demand payment before the payee's death—was enfor
• In re Est. OF Ruth Lane
  492 So. 2d 395· Fla. 4th DCA· 1986-06-04 ·cited 4×
  This case addresses whether a republication document tainted by undue influence can validly republish a prior will, and whether partial invalidation under Florida's undue influence statute can cure the defect. The court held that the republication document merged with the prior w
• Humana, Inc. v. Est. OF Mabel Raquet Scheying
  483 So. 2d 113· Fla. 2d DCA· 1986-02-14 ·cited 4×
  A misnomer of a devisee in a will does not cause a devise to fail if the devisee's identity can be ascertained with certainty, even if the entity's name has changed or it has merged.
• Jean Bourgeois f/n/a Jean Marie Gorham and Mary McLoughlin f/n/a Mary Therese Gorham v. Eberhart
  472 So. 2d 1274· Fla. 4th DCA· 1985-07-10 ·cited 4×
  A life estate conditioned on continued use as a residence terminates upon abandonment of the property as a residence, even if other parts of the will suggest a pure life estate.
• In re Est. OF Moe Senz
  417 So. 2d 325· Fla. 4th DCA· 1982-08-11 ·cited 4×
  The Fourth District Court of Appeal reversed a trial court's denial of a petition to remove the estate's personal representatives and trustees, finding that substantial mismanagement and loss of beneficiary confidence constituted grounds for removal despite the testator's express
• In re the Est. of Robert L. Reid v. Whitfield
  399 So. 2d 1032· Fla. 1st DCA· 1981-06-09 ·cited 4×
  Daniel Reid, sole surviving lineal descendant of Robert L. Reid, appealed a probate court order limiting his inheritance to $20 per month under the testator's will. The court reversed, holding that where a will's primary dispositive provisions fail, the estate must pass entirely
• In re Est. of Frederic C. Collin
  368 So. 2d 1350· Fla. 4th DCA· 1979-03-21 ·cited 4×
  The Fourth District Court of Appeal affirmed a lower court decision that Florida's tax apportionment statute did not apply to a residuary estate devised to both charitable and non-charitable beneficiaries, holding that the testator's use of specific percentages coupled with a cla
• Est. of Ludwig Neugass v. Commissioner OF Internal Revenue
  555 F.2d 322· 2d Cir.· 1977-05-09 ·cited 4×
  The court held that the widow's election to take absolute ownership of art works constituted a non-terminable interest, qualifying for the federal estate tax marital deduction.
• In re Est. of Stanton Griffis
  330 So. 2d 797· Fla. 4th DCA· 1976-04-23 ·cited 4×
  This estate case addresses whether a testator could revoke two later codicils by physically destroying them, and whether such destruction revived the provisions of an earlier codicil. The court held that codicils can be revoked by physical destruction under common law, and such d
• In re Est. of Emma Jones
  318 So. 2d 231· Fla. 2d DCA· 1975-07-25 ·cited 4×
  This case involves the construction of a testamentary trust created by Emma Jones's will. The court must determine whether the trust violates the rule against perpetuities or qualifies as a charitable trust exempt from that rule. The court concludes the trust is invalid and passe
• In re Est. of Barnet Stein v. Jacobson
  301 So. 2d 120· Fla. 3d DCA· 1974-09-17 ·cited 4×
  This appeal addresses whether beneficiaries who filed a disclaimer of unqualified language could still inherit under a will they sought to revoke. The court held that a disclaimer need not use specific magic words to be considered qualified if its intent was merely to comply with
• In re Est. of Lois Glover v. Taylor
  463 F.2d 1238· D.C. Cir.· 1972-04-27 ·cited 4×
  The court held that the will created a life estate for the appellants, not a fee simple, and that D.C. Code § 45-201 applies to the construction.
• In re Est. of Harriet Underwood Symonds v. Leach
  424 F.2d 928· D.C. Cir.· 1970-03-06 ·cited 4×
  The court held that the will's language and context indicated the testatrix intended a per capita distribution of the residue among all named beneficiaries.
• Guilliams v. The First Nat'l Bank OF Leesburg
  229 So. 2d 633· Fla. 2d DCA· 1969-12-19 ·cited 4×
  The court affirmed a summary judgment denying the Guilliams' claim to a 14-acre citrus grove under a will provision that conditioned title transfer on their discharge of specified duties before the death of the life tenant. The court held that the conditions were conditions prece
• Grossman v. Ellis Campbell, Jr.
  368 F.2d 206· 5th Cir.· 1966-08-29 ·cited 4×
  The court held that the testator's will did not put the co-owner to an election because it clearly limited disposition to the testator's own interest in the property.
• Watkins v. The First Nat'l Bank IN Fort Myers
  183 So. 2d 575· Fla. 2d DCA· 1966-02-25 ·cited 4×
  The court reverses a summary judgment requiring a bank trustee to pay $625 monthly from two identical trusts to the children's mother/guardian without accounting. The case involves conflicting language in the trust documents regarding whether payments should be the full fixed amo
• 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.
• Piatt v. Gray
  321 F.2d 79· 6th Cir.· 1963-07-08 ·cited 4×
  A surviving spouse's power to invade the corpus of an estate is not unlimited, and thus does not qualify for a marital deduction, if it is restricted to situations where it is necessary for her maintenance, comfort, or well-being, rather than exercisable in all events.
• 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
• State of Fla. ex rel. Clarence G. Ashby v. Honorable Page Haddock
  140 So. 2d 631· Fla. 1st DCA· 1962-04-17 ·cited 4×
  This case involves a petition for a writ of prohibition challenging a probate court's denial of a motion to dismiss a petition for revocation of a probated will. The court held that testamentary trustees named in an alleged prior will have standing to contest the probated will as
• Powell v. Nat'l Sav. & Tr. Co.
  296 F.2d 412· D.C. Cir.· 1961-07-31 ·cited 4×
  The court should not apply construction rules if testator's intent is clear from the will.
• Wright v. Sallet
  66 So. 2d 237· Fla.· 1953-06-23 ·cited 4×
  The Florida Supreme Court held that a testator may devise real property by street address and number without metes and bounds description, and such a devise carries title to the land and appurtenances on which the dwelling is located. The court affirmed judgment for the devisees
• Noreen v. Sparks
  204 F.2d 56· D.C. Cir.· 1953-03-26 ·cited 4×
  The court held that the adopted children of Cornelia Ross Potts are not entitled to inherit a share of the Hooper estate as they are not considered 'children or descendants' within the meaning of the 1880 will.
• McCABE v. Bagby
  186 F.2d 546· 6th Cir.· 1951-01-31 ·cited 4×
  The court held that the evidence was insufficient to establish a contract for reciprocal wills, and the district court's findings were not clearly erroneous.
• Clark v. Tibbetts
  167 F.2d 397· 2d Cir.· 1948-04-07 ·cited 4×
  The court held that the district court had jurisdiction to declare the Alien Property Custodian's rights and that the property was impressed with a constructive trust in favor of the Custodian.
• Costello v. Costello
  149 F.2d 379· D.C. Cir.· 1945-04-09 ·cited 4×
  The court held that the testatrix intended for her heirs to be determined at the death of the life tenant, not at her own death.
• Doty v. Commissioner of Internal Revenue
  148 F.2d 503· 1st Cir.· 1945-04-04 ·cited 4×
  Ordinary dividends received by a trust are considered currently distributable income taxable to the beneficiary, even if the trustee attempts to classify them as principal under a broad discretionary power, if doing so contradicts the clear intent of the trust instrument.
• Norann D. Webb v. Blue
  243 So. 3d 1054· Fla. 1st DCA· 2018-04-25 ·cited 3×
  A decedent not survived by a spouse or minor children may freely devise his homestead to a non-heir without special devise language, and such a devise renders the homestead part of the probate estate subject to administrative expenses and claims.
• Grant v. Bessemer Tr. Co. OF Fla., Inc.
  117 So. 3d 830· Fla. 4th DCA· 2013-07-03 ·cited 3×
  Thomas Grant appealed a probate court's declaratory judgment interpreting a codicil to his father Milton's will regarding employment provisions. The appellate court affirmed, holding that the employment codicil provided only at-will employment, not lifetime employment, because em