Testamentary Intent

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

• Lieberman v. Edward I. Golden Ad Litem for the Cuban Nationals
  545 So. 2d 304· Fla. 3d DCA· 1989-04-11
  The court affirmed a probate order interpreting a testator's will and codicil that created trusts for Cuban national beneficiaries. The court held that bequests to Cuban nationals are not void ab initio merely because federal law blocks distribution at the time of death, and that
• O'Neill v. Sacher
  526 So. 2d 771· Fla. 3d DCA· 1988-06-14
  A trust beneficiary sued her deceased mother's attorney for professional negligence in drafting ambiguous trust and will documents that necessitated litigation to clarify the testator's intent regarding maintenance expenses for a residence. The court affirmed summary judgment for
• Adkins v. Woodfin
  525 So. 2d 447· Fla. 4th DCA· 1988-04-27
  The court held that the language in the will did not unambiguously refer to a separate writing as required by statute, and therefore, parol evidence was improperly admitted.
• In re Est. OF Mordechai Martin Gorn v. Temple B'Nai Israel
  526 So. 2d 118· Fla. 2d DCA· 1988-04-27
• The Robert E. LEE Chapter No. 146 OF the United Daughters OF the Confederacy OF Anderson v. Fla. Nat'l Bank
  519 So. 2d 1033· Fla. 5th DCA· 1988-01-07
  The court held that the testator's intent, as expressed in the will, was to bequeath all stock certificates owned by him, not just those owned at the time of the will's execution.
• Carmella McPHEE v. Est. OF William Bahret, Jr.
  501 So. 2d 1319· Fla. 2d DCA· 1986-12-30
  A specific devisee of securities is entitled to new securities received as a result of a corporate reorganization, even if the form of the investment changes, as long as the testator's intent remains the same.
• Hayes v. Est. OF Frank C. Hayes
  479 So. 2d 304· Fla. 2d DCA· 1985-12-11
  A surviving spouse's devise is not entitled to preferential abatement under section 733.805(2) if it is not given in satisfaction of or instead of statutory rights, especially when a prenuptial agreement waives such rights and the will reaffirms the agreement.
• Ira S. Silver v. Schroeder
  474 So. 2d 857· Fla. 3d DCA· 1985-08-13
  An attorney's will named his close friend Michele Anguilano as primary beneficiary of personal property, with a common disaster clause. When both died in the same automobile accident with Scheske predeceasing Anguilano by over two hours, the probate court held that Anguilano died
• Independence Bank Waukesha (N.A.) v. United States
  761 F.2d 442· 7th Cir.· 1985-05-09
  The court held that the language in John Walter's will created a general power of appointment, making the trust assets includable in Mary Walter's gross estate for federal estate tax purposes.
• Global Tool Corp. v. L & N Sales & Mktg., Inc.
  S.D. Fla.· 1984-06-06
• Mozelle Evans v. United States
  719 F.2d 201· 6th Cir.· 1983-10-20
  The court held that the bequest of personal property to the widow did not qualify for the federal estate tax marital deduction because she did not possess an unlimited power of appointment over the property under Tennessee law.
• In re Est. of Lila K. McGLONE
  436 So. 2d 441· Fla. 4th DCA· 1983-08-31
  In this estate administration case, the Florida Fourth District Court of Appeal reversed a trial court decision that a testamentary bequest lapsed due to the divorce of named beneficiaries Glenn and Louise Ellstrom. The court held that the use of "his wife" as a descriptive term
• In re Est. OF Richard A. Wagner. Reginald T. Lyman & Kenneth R. Lyman v. Folan
  423 So. 2d 400· Fla. 2d DCA· 1982-11-03
  The court examined whether the antilapse statute applied to a testator's devise to his sisters who predeceased him, and alternatively, whether the lapse statute applied. The court held that the antilapse statute did not apply based on the testator's intent as manifested in the wi
• In re the Est. OF Annie J. Carlson v. William
  421 So. 2d 1093· Fla. 4th DCA· 1982-10-06
  This appeal concerns the interpretation of a joint and reciprocal will executed by Herbert and Annie Carlson. The probate court granted summary judgment determining that the will's major dispositive provisions applied only if both testators died simultaneously, and since they did
• In re The Est. OF Lois Mueller
  419 So. 2d 784· Fla. 2d DCA· 1982-09-24
  The court affirmed a judgment holding that homestead property, ineffectively devised in a will, descended to the testator's spouse and adult children rather than becoming part of the residuary estate.
• Ladin v. Fisher
  418 So. 2d 440· Fla. 3d DCA· 1982-08-24
• Greenberg v. United States
  557 F. Supp. 21· S.D. Fla.· 1982-07-29
  The court held that the testator's intent to create a charitable trust was sufficiently clear from the will itself, allowing for the charitable deduction.
• Est. of Emma Geer Davis Kennedy Ganier v. Est. of Frederic F. Ganier
  402 So. 2d 418· Fla. 5th DCA· 1981-05-27
  The Florida District Court of Appeal reversed a lower court judgment that declared Frederic Ganier a 'pretermitted spouse' entitled to half of Emma Kennedy Ganier's estate. The court held that Frederic was provided for in Emma's will through specific bequests of bank accounts, an
• In re The Est. OF Harry S. Howard
  393 So. 2d 81· Fla. 4th DCA· 1981-02-04
  The Florida Fourth District Court of Appeal reversed a probate court's will construction that limited a testamentary trust to 1,000 shares of stock despite a three-for-one stock split, holding that a testator's intent should be ascertained from the entire will rather than rigid r
• The First Nat'l Bank OF Atlanta & Genevieve H. McWhorter v. United States
  634 F.2d 212· 5th Cir.· 1981-01-12
  The court held that the unambiguous language of the will dictates that federal estate taxes are to be paid from the residue of the estate before its division into marital and family trusts.
• In re The Est. of Karl Waks
  386 So. 2d 307· Fla. 4th DCA· 1980-07-30
  The Fourth District Court of Appeal reversed the trial court's denial of the personal representative's petition for surrender of jointly owned personal property. The court held that a joint will and contemporaneous agreement between spouses, which expressly provided for dispositi
• DePRYCKER v. Brown
  358 So. 2d 1140· Fla. 1st DCA· 1978-05-11
  The court held that an adopted-away child of a testator is not a legal child for purposes of inheritance under the testator's will, and therefore the testator's adopted daughter from his first marriage was not entitled to share in the residuary estate designated for "my children
• McCARTHY v. Est. of Joseph E. Causey
  357 So. 2d 471· Fla. 1st DCA· 1978-04-18
  The appellants challenged the probate of Joseph E. Causey's will on grounds of testamentary incompetence and undue influence. The trial court upheld the will's validity, finding Causey was competent and not unduly influenced, and the appellate court affirmed, holding that the dec
• 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 Floretta van Horne v. VAN Horne
  340 So. 2d 507· Fla. 3d DCA· 1976-12-07
  The court held that a will and its codicil were not ambiguous and could be reconciled without considering extrinsic evidence, thus affirming the trial court's dismissal of a petition for construction.
• Est. of Francis R. Murphy
  340 So. 2d 107· Fla.· 1976-11-30
  A residuary clause in a will is a sufficiently precise indicator of testamentary intent to pass homestead property to a spouse, even if not specifically devised, provided there is no minor child.
• In re Cole's Estate
  44 Fla. Supp. 153· Palm Beach Cty. Cir. Ct.· 1976-08-20
  In re Cole's Estate addresses whether a specific bequest of real property was adeemed when the property was sold by a guardian during the testator's incompetency, and determines the proper distribution of estate assets under Florida's new 1976 Probate Code.
• In re Rosenstiel's Will
  44 Fla. Supp. 92· Dade Cty. Cir. Ct.· 1976-06-24
  In a probate dispute over a codicil executed by 84-year-old Lewis S. Rosenstiel on his deathbed, the court revoked the probate of the second codicil and letters of administration issued to the Finkelsteins and held that Rosenstiel lacked testamentary capacity and that Roy M. Cohn
• 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
• Folkerds v. United States
  494 F.2d 749· 8th Cir.· 1974-03-26
  The court held that the surviving spouse's share of the estate abates last according to Iowa law, entitling the estate to a marital deduction.
• John Hancock Mut. Life Ins. Co. v. Jackson
  477 F.2d 319· 8th Cir.· 1973-04-20
  The court held that the doctrine of dependent relative revocation was properly applied, preserving the prior beneficiary designation when the attempted change was invalid.
• In re Est. of Mildred E. Dickerhoff
  267 So. 2d 388· Fla. 4th DCA· 1972-09-26
• 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 Eurith Dickinson Rivers, Sr.
  257 So. 2d 83· Fla. 3d DCA· 1972-01-25
  A Florida appellate court reversed a county judge's order directing distribution of $30,000 from a decedent's estate to the incompetent widow's estate, rather than to the testamentary marital trust as specified in the will. The court held that when a will unambiguously directs di
• Ball v. Nichols
  36 Fla. Supp. 91· Duval Cty. Cir. Ct.· 1971-12-31
  The trustees of Alfred I. duPont's estate and the Nemours Foundation sought judicial construction of duPont's will to clarify whether the entire Estate of Nemours, including the Mansion House, could be used for hospital purposes. The court held that duPont's intent was to establi
• In re Tr. Under the Last Will & Testament of Jaffa Minor Hennes
  240 So. 2d 859· Fla. 4th DCA· 1970-11-06
  The court held that the residuary clause of the will constituted a class gift, not a gift to individuals.
• Auten v. Hoyal D. A. Conway
  240 So. 2d 502· Fla. 3d DCA· 1970-10-27
  The court upheld a trial judge's finding that a handwritten memorandum in Adele B. Crabtree's memo book constituted a valid testamentary instrument despite using precatory language, affirming that the deceased possessed testamentary intent even though the proposed changes to her
• Est. of Kate B. Leggett v. United States
  418 F.2d 1257· 3d Cir.· 1969-12-02
  The court held that the life tenant's consistent conduct over five decades, meticulously preserving the principal and only withdrawing income, established her as a fiduciary for the remaindermen, not a debtor, thus the estate tax on increments was improper.
• In re Est. of Isidor William Wassner v. Sol Kelz and Diana Kelz
  224 So. 2d 756· Fla. 3d DCA· 1969-07-08
  This case involves an appeal from a probate court's order construing a will. The appellate court affirmed the probate court's decision, finding that the will contained ambiguities justifying construction and that the interpretation of the bequests was correct.
• Doherty v. Fairall
  413 F.2d 381· D.C. Cir.· 1969-04-14
  Copies of executed and unexecuted prior wills drafted by an attorney for a decedent are not absolutely privileged and must be produced during discovery in a will contest.
• In re Wood's Will
  29 Fla. Supp. 163· Lee Cty. J. Ct.· 1967-12-05
  The court held that the clear intent of the testatrix was for the named devisees in paragraph Fifth to take the estate, despite the predeceased husband, and not for the estate to pass by intestacy.
• Harris v. United States
  370 F.2d 887· 4th Cir.· 1966-12-09
  The court held that payments received by the taxpayer from a family corporation were repayments of a loan, not dividends, because the estate income was validly distributed to the beneficiaries and subsequently loaned back to the estate and then assumed by the corporation.
• In re Est. of Jennie H. J. Tomlinson
  186 So. 2d 89· Fla. 1st DCA· 1966-05-05
  The court held that the probate court correctly denied probate of the alleged will due to insufficient proof of execution, as the attesting witnesses did not know they were witnessing a will and the Spanns' testimony was inadmissible.
• Luff v. Luff
  359 F.2d 235· D.C. Cir.· 1966-02-04
  The court held that a property settlement following a divorce does not, as a matter of law, revoke a previously executed will.
• Yetta C. Levin v. Commissioner OF Internal Revenue
  355 F.2d 987· 5th Cir.· 1966-02-04
  The court held that depreciation and depletion allowances from oil properties were properly treated as income distributable to the income beneficiary, not as corpus to be preserved for the trust.
• In re Est. of Willie Williams v. Williams
  182 So. 2d 10· Fla.· 1965-12-15
  The Florida Supreme Court held that a testator may validly execute a will by making a mark (such as an X) rather than writing his alphabetical name, reversing lower court decisions that refused to admit wills signed by mark to probate. The Court resolved a question of first impre
• In re Est. of Mary Hekemian v. Curry
  176 So. 2d 572· Fla. 3d DCA· 1965-06-15
  A Florida probate court interpreted an ambiguous residuary clause in Mary Hekemian's will to determine whether a predeceased beneficiary's share should pass to the remaining named beneficiaries or revert to the estate to be distributed through intestacy. The court held that the t
• In re Est. of Yetta Levitt
  172 So. 2d 466· Fla. 3d DCA· 1965-02-26
• In re Barton's Will
  24 Fla. Supp. 17· Dade Cty. J. Ct.· 1964-12-11
  The court held that a will, though destroyed accidentally in the testator's presence without his direction, was not revoked and could be re-established and admitted to probate.