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162 So. 2d 282·
Fla. 2d DCA·
1964-03-27
The court reversed a lower court order that closed a class gift to the children of Harry Joseph Elliott at the date of Anna Fern Winters's death. The court held that the residuary will clause should be construed to include all children born before the eldest child reaches age 18
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323 F.2d 621·
D.C. Cir.·
1963-09-19
The right of a surviving incompetent widow to renounce her husband's will does not continue beyond her own death.
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317 F.2d 281·
3d Cir.·
1963-05-07
The court considered whether a beneficiary designation for Florida Teachers' Retirement System death benefits was revoked by the member's subsequent divorce and remarriage, despite the member not changing the designation.
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310 F.2d 199·
5th Cir.·
1962-11-07
The court held that the widow possessed a power of disposition over her share of the estate that qualified for the federal estate tax marital deduction.
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140 So. 2d 331·
Fla. 3d DCA·
1962-05-01
A Florida appellate court held that a specific devisee of real property encumbered by a mortgage is entitled to have the property exonerated from the mortgage lien under the common-law rule, absent express or clearly implied contrary intent in the will. The court reversed the low
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138 So. 2d 69·
Fla. 3d DCA·
1962-01-22
In this probate appeal, the court addressed how estate taxes and income should be allocated among beneficiaries under Abe Aronson's will. The court held that beneficiaries receiving a percentage of the estate must take their share from the net estate after taxes are paid, and tha
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135 So. 2d 760·
Fla. 3d DCA·
1961-12-18
Janie Field appeals a probate judge's construction of a will provision concerning the disposition of proceeds from jointly-owned property. The court affirms the judge's interpretation that the testator intended to give his mother one-half of the entire proceeds from the sale of t
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18 Fla. Supp. 145·
Dade Cty. J. Ct.·
1961-07-07
This probate matter concerns the construction of Saul Ashkenazy's will regarding whether specific devises and bequests pass free of encumbrances or subject to them. The court held that the devise of real property to the testator's former wife is subject to the existing mortgage,
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292 F.2d 341·
10th Cir.·
1961-07-05
An assignment of interest in a spendthrift trust is void and unenforceable, even if presented as a family settlement, if it contravenes the clear intent of the testator.
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289 F.2d 763·
D.C. Cir.·
1961-02-23
The court held that the father and son could not terminate the trust provisions as it would disregard the testatrix's intent and the rights of contingent beneficiaries.
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286 F.2d 251·
4th Cir.·
1961-01-06
Plaintiff appealed a judgment dismissing his complaint for breach of contract, which the trial court found to be so vague, ambiguous, and uncertain as to fail to state a cause of action.
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17 Fla. Supp. 57·
Palm Beach Cty. J. Ct.·
1960-12-30
In this probate matter, the court determined how estate and inheritance taxes on the Rodney Procter estate should be allocated among the residuary trust's two parts and the widow's specific bequests. The court held that all taxes must be paid from the non-marital portion of the t
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17 Fla. Supp. 33·
Palm Beach Cty. J. Ct.·
1960-11-22
In re Fancher's Estate addresses whether a gift of AT&T stock made by a testator ten years after executing his will constitutes an advancement on the beneficiary's inheritance. The court held that the testator's explicit letter and gift were intended as a partial satisfaction of
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121 So. 2d 670·
Fla. 2d DCA·
1960-06-22
Bradley Development Corporation contracted to purchase estate property from First National Bank as administrator, but the property's original owner's will granted her children a preferential purchase right. When a child exercised this right, Bradley sought a declaration that the
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Del. Ch.·
1960-03-17
The Court recommends denying the CPS Beneficiaries' motion for summary judgment and granting the Intestate Beneficiaries' motion for summary judgment. The trust language is not ambiguous and clearly expresses the testator's intent to benefit more distant relatives under Delaware'
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276 F.2d 491·
D.C. Cir.·
1960-03-10
The court held that the cy pres doctrine was improperly applied because the conditions for its use (impossibility or impracticability of literal compliance) were not met, and the changes were due to the trustee's convenience rather than unavoidable circumstances.
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15 Fla. Supp. 156·
Palm Beach Cty. J. Ct.·
1959-12-15
The sale of a specifically bequeathed automobile by a guardian of an incompetent testator does not work an ademption of the legacy if the testator did not intend to revoke the gift.
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112 So. 2d 40·
Fla. 2d DCA·
1959-05-13
In this will construction case, the court determined that a gift to Minnie Harp in Martin F. Harp's will lapsed upon her death, and that the phrase "her heirs or assigns forever" constituted words of limitation rather than words of purchase, making the testator's heirs at law ent
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12 Fla. Supp. 11·
Dade Cty. Cir. Ct.·
1958-01-14
The executor of Mrs. Schlasin's estate challenged a deed conveying her home to her grandson, Bernard Gelfman, executed three days before her death. The court invalidated the deed, finding that Mrs. Schlasin believed she was executing a testamentary disposition (will) rather than
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10 Fla. Supp. 91·
Dade Cty. J. Ct.·
1957-01-04
The court construed the will of Cecil Bruce Vick to determine the distribution of his estate after his divorce from Thelma Rosedith Todgham Vick, who was the primary beneficiary, with the daughter Beverly Rose Sage as an alternative beneficiary.
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240 F.2d 31·
D.C. Cir.·
1956-12-20
The court held that the testatrix intended her brother to receive the residuary estate, including the remainder interest, if he survived her, and that the niece was to receive tangible personal property.
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9 Fla. Supp. 123·
Palm Beach Cty. J. Ct.·
1956-07-19
This will construction case addresses whether certain bequests in the decedent's will adeemed (failed) due to the testator's lack of ownership of the specific property at death. The court determined which legacies were specific versus general, and whether ademption applied, ultim
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7 Fla. Supp. 65·
Palm Beach Cty. Cir. Ct.·
1954-12-15
A provision in a will directing the employment of a specific attorney is binding upon an administratrix with the will annexed who accepts the appointment.
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7 Fla. Supp. 99·
Palm Beach Cty. Cir. Ct.·
1954-10-15
The court upheld a county judge's order allowing immediate partial distribution of estate funds to charitable remainder beneficiaries, finding that the charitable interests vested at the testator's death and that equity permitted acceleration of distribution where no contingency
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5 Fla. Supp. 90·
Palm Beach Cty. J. Ct.·
1954-03-25
The court held that the charitable bequest to The Mother Church is valid because the testator died without issue or spouse, meaning the statute designed to protect heirs did not invalidate the bequest.
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198 F.2d 742·
6th Cir.·
1952-08-26
The court held that the testator's will conveyed a fee simple title to his wife, making the subsequent limitation over to the children void. Therefore, her conveyances to the appellees were valid.
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192 F.2d 279·
5th Cir.·
1951-11-06
The court held that the trust established by the will and codicil has not terminated because the codicil changed the vesting provisions, making the trust executory. The grandson's interest is limited to a life estate, and contingent remainders must be protected.
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177 F.2d 297·
5th Cir.·
1949-10-28
The court held that an instrument in deed form, reserving a life estate but conveying title immediately, is a deed, not a will, and that sufficient evidence existed to submit the issue of mental capacity to the jury.
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172 F.2d 399·
8th Cir.·
1949-02-17
The court held that the testator's will did not intend to change the beneficiary of the income certificate, nor did it effectively do so.
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171 F.2d 870·
9th Cir.·
1949-01-13
The court held that income accruing during the administration of an estate, which was to be used for the care of intermediate beneficiaries before being distributed to charities, was not deductible from the estate's income tax as income permanently set aside for charitable purpos
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162 F.2d 167·
3d Cir.·
1947-06-03
The court held that the decedent's one-third interest in the trust remainders vested absolutely at the time of his father's death, making it includible in his gross estate for tax purposes.
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140 F.2d 171·
D.C. Cir.·
1944-01-24
The first deed in trust was ineffective to create a valid trust because the grantor retained too much control and power over the property, rendering it testamentary in nature. Alternatively, even if a valid trust was created, the grantor reserved the power to dispose of the prope
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135 F.2d 452·
5th Cir.·
1943-04-06
The court denied the motion for rehearing, finding that its prior opinion did not exceed the scope of the lower court's judgment and that a recent Texas Supreme Court decision was distinguishable.
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132 F.2d 252·
8th Cir.·
1942-12-28
The court held that the will, under the Rule in Shelley's case, conveyed a fee simple title to Lawrence and Kate Mayo, and thus the plaintiff had no claim to the property.
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148 Fla. 319·
Fla.·
1941-10-24
The court held that the evidence was insufficient to overcome the presumption that an incomplete instrument was not executed with testamentary intent.
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141 Fla. 472·
Fla.·
1940-02-02
The court considered whether a divorce terminated a trust established by a will. The court held that the divorce did not terminate the trust, as the testator's intent to provide for grandchildren remained paramount.
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131 Fla. 636·
Fla.·
1938-03-03
The Florida Supreme Court interpreted a will provision giving real property to the testator's son and his wife "at the sum of $25,000.00," holding that the phrase describes the value/cost of the property rather than an additional cash bequest, consistent with the testator's inten
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126 Fla. 294·
Fla.·
1936-11-23
The Florida Supreme Court upheld the denial of probate for a will executed as part of a Masonic lodge initiation ceremony. The court held that while wills executed during such ceremonies may be valid if made with testamentary intent, significant irregularities—including a signatu