Will Interpretation

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

• Roberts v. Mosely
  100 Fla. 267· Fla.· 1930-07-25 ·cited 74×
  In this will construction case, the Florida Supreme Court held that a testator's gift of property to his wife in fee simple can be limited by subsequent provisions in the same will that create a remainder over to other beneficiaries, rejecting the English rule of repugnancy that
• De Korwin v. First Nat. Bank of Chicago
  156 F.2d 858· 7th Cir.· 1946-08-02 ·cited 28×
  The court held that the parties plaintiff sought to dismiss were not indispensable, and the plaintiff should have been granted leave to amend his complaint to cure jurisdictional defects.
• DePass v. The Kan. Masonic Home Corp. under the laws of the State of Kan.
  132 Fla. 455· Fla.· 1938-04-25 ·cited 25×
  The Florida Supreme Court holds that a testatrix's general devise of "all my estate" does not automatically execute a power of appointment over her deceased husband's estate merely because she owned no real property of her own at the time of the will's execution. The court adopts
• Boyle v. Howe
  126 Fla. 662· Fla.· 1935-12-27 ·cited 25×
  The Florida Supreme Court affirmed a circuit court decree due to an equally divided court. The justices were split on whether to affirm or reverse the decree, leading to an affirmance based on precedent for equally divided appellate courts.
• Lina Baum Van Roy v. Hoover
  96 Fla. 194· Fla.· 1928-07-11 ·cited 24×
  The Florida Supreme Court affirmed a chancellor's refusal to construe a will where the testator's estate was to be held in trust with contingent remainders to various beneficiaries and charitable institutions. The court held that equitable courts will not determine hypothetical o
• Mich. Tech Fund v. Century Nat'l Bank OF Broward
  680 F.2d 736· 11th Cir.· 1982-07-16 ·cited 22×
  Federal courts have diversity jurisdiction over claims seeking interpretation of a will, reformation of a mortgage, and adjudication of contract breaches, even when a state probate proceeding is pending, as long as the federal court does not interfere with the probate proceedings
• Est. of Hamilton H. Peyton v. Commissioner OF Internal Revenue
  323 F.2d 438· 8th Cir.· 1963-10-15 ·cited 22×
  A state probate court's determination of property rights is not binding on the federal tax authorities if the proceeding was collusive, even if it was non-adversarial.
• Koerner v. Reinhard Borck
  100 So. 2d 398· Fla.· 1958-02-14 ·cited 20×
  The Florida Supreme Court affirmed a declaratory decree interpreting Mrs. Lina Downey's will, holding that a devise of land to Orange County for a county park with a perpetual easement allowing a church to use the lake for baptismal purposes does not violate the First Amendment's
• In re Est. of Maude L. Wood v. The LEE Cnty. Bank
  226 So. 2d 46· Fla. 2d DCA· 1969-08-13 ·cited 19×
  The Florida District Court of Appeal affirmed an order interpreting Maude L. Wood's will, holding that the named devisees in paragraph Fifth should take the estate rather than the heirs at law, despite the will's failure to address succession when the testator's husband predeceas
• Beulah McCollum King and Jackson L. King v. The Citizens & S. Nat'l Bank OF Atlanta
  103 So. 2d 689· Fla. 3d DCA· 1958-05-27 ·cited 18×
  The court interpreted Article Third of Rufus DeWitt King's will, which contained inconsistent language regarding the widow's bequest. The key issue was whether the widow's 50% share of the adjusted gross estate should be reduced by property passing to her outside the will, and wh
• Ferguson v. Patterson
  191 F.2d 584· 10th Cir.· 1951-09-06 ·cited 18×
  The court held that the language in the will was insufficient to create a trust, and the residue of the estate was intended to vest absolutely in the beneficiary. The federal court had jurisdiction to construe the will.
• 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
• 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)
• 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).
• Bunker v. Jones
  181 F.2d 619· D.C. Cir.· 1950-03-20 ·cited 12×
  The court held that a fund set aside under subparagraph 9(a) passes to the residuary legatees upon the death of the life beneficiary, and that a bequest under subparagraph 9(c) created a valid charitable trust despite the beneficiary predeceasing the testatrix.
• Jenkins v. Merritt
  17 Fla. 304· Fla.· 1879-06-01 ·cited 12×
  A bequest conditioned upon co-residence is a condition subsequent, not precedent, so the beneficial interest vests upon the testator's death and continues so long as the condition is satisfied. Marriage of a female legatee does not, by itself, forfeit a legacy absent an express c
• 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.
• 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
• 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
• 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
• Emanual Henry Martin and Allene Martin v. The Munroe & Chambliss Nat'l Bank of Ocala
  125 Fla. 65· Fla.· 1936-07-27 ·cited 8×
  This case concerns the interpretation of a will's residuary clause. The court had to decide whether the estate should be divided equally among all named beneficiaries (per capita) or distributed based on family lines (per stirpes). The court affirmed the lower court's decision to
• 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.
• 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.
• Hall v. Killingsworth
  253 F.2d 43· D.C. Cir.· 1958-02-27 ·cited 6×
  The court held that while the attempted trust was void for lack of a clear beneficiary and enforceable duties, the will effectively created a contingent remainder interest in the real property's proceeds for specific named beneficiaries upon sale.
• 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
• 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.
• Mitchell v. Merriam
  188 F.2d 42· D.C. Cir.· 1951-02-23 ·cited 4×
  The court held that extrinsic evidence is admissible to determine the testator's intent when identifying a beneficiary named as 'nephew' if ambiguity exists. The court also held that a statutory provision for issue of a predeceased devisee applies when the devisee dies before the
• Bd. of Directors of City Trs. of City of Philadelphia v. Maloney
  141 F.2d 275· D.C. Cir.· 1944-03-06 ·cited 4×
  The court held that the testatrix's holographic will created a charitable trust, and the trial court erred in interpreting the will to give the sisters an absolute estate.
• Holsey v. Atl. Nat'l Bank of Jacksonville
  115 Fla. 604· Fla.· 1934-06-25 ·cited 3×
  The Florida Supreme Court upheld a testamentary charitable trust established by George H. Jones's will, which directed a bank trustee to use trust income for thirty years to provide scholarships to worthy young Black men in Jacksonville, after which the estate would be distribute
• In re Est. OF Margaret Walker
  609 So. 2d 623· Fla. 4th DCA· 1992-08-05 ·cited 2×
  The phrase 'all of my personal property' in a will is ambiguous when considered in context with other provisions, including a residuary clause, and courts may consider extrinsic evidence to determine whether the testator intended it to include only tangible property or all person
• Eliza Futrell v. Est. of John Robert Vaughn
  586 So. 2d 68· Fla. 2d DCA· 1991-07-05 ·cited 2×
  A will bequest of a residence to "whomever of my relatives is living with me at the time of my death" is not restricted by limiting language in an earlier paragraph restricting other bequests in the same article to children and grandchildren. The plain language is unambiguous and
• The Riggs Nat'l Bank OF Wash. v. The United States
  352 F.2d 812· Ct. Cl.· 1965-11-12 ·cited 2×
  Income used to repay a loan for estate administration expenses, even if authorized by the will, does not qualify as income permanently set aside for charitable purposes to allow a deduction.
• Nicodemus v. Bain
  344 F.2d 501· D.C. Cir.· 1965-01-07 ·cited 2×
  The dissenting judge believes the testator intended Paragraph 3 to be a specific gift of the widow's intestate share, not merely a confirmation of statutory rights.
• In re Est. of Adolph J. Marschall
  92 So. 2d 185· Fla.· 1957-01-16 ·cited 2×
  The Florida Supreme Court interpreted a testator's will to determine whether the widow's legacy of one-third of the estate should be calculated on the gross estate before or after deduction of federal estate taxes. The court held that because the testator expressly directed that
• Baldwin v. Est. OF Jeannette Epler Winters
  944 So. 2d 437· Fla. 4th DCA· 2006-11-15 ·cited 1×
  The court held that a potentially credible issue regarding a writing constituting a codicil, raised in a motion for rehearing, should be considered by the probate court to serve the ends of justice.
• Baum v. Cont'l Ill. Nat'l Bank & Tr. Co. OF Chicago under the Last Will & Testament of Abby L. Eddy
  230 F.2d 115· 7th Cir.· 1956-01-11 ·cited 1×
  The court reversed a summary judgment for the defendant, finding that the trial court erred in concluding the contract was unambiguous and in refusing to consider evidence of the parties' intent regarding the scope of the subcontract.
• The State of Fla. & the Cnty. of St. Johns v. Beardsley
  77 Fla. 803· Fla.· 1919-01-01 ·cited 1×
  The Florida Supreme Court held that intangible personal property held in trust by non-resident trustees is taxable at the domicile of the trustees, not in the county where the beneficiaries or benefited enterprises are located. The court affirmed a decree striking down St. Johns
• Peter E. Shapiro, P.A. v. Wells Fargo Bank, N.A.
  112 La. 656· S.D. Fla.· 2018-11-05
  A bank is not liable for a wire transfer misdirection if it lacked actual knowledge of a name and account number mismatch and relied on the account number, as the relevant statute prioritizes automated processing and relieves banks of the duty to verify such discrepancies.
• Of
  Del. Ch.· 2018-09-28
  The Court of Chancery held that Beaver Dam Farms, Inc. (BDF) was a valid corporate entity at the time of the decedent's death due to the subsequent revival of its incorporation certificate. The court also determined that the decedent held a 49% interest in BDF, with his son Rolla
• Humana Med. Plan, Inc. v. W. Heritage Ins.
  S.D. Fla.· 2015-03-16
• Summit Contractors, Inc. v. Crum & Forster Specialty Ins.
  M.D. Fla.· 2015-02-12
• Einhorn v. CarePlus Health Plans, Inc.
  2014 U.S. Dist. LEXIS 126218· S.D. Fla.· 2014-08-18
• United States v. Dorman
  2014 WL 4060716· M.D. Fla.· 2014-07-17
• DOW v. Robards
  826 So. 2d 345· Fla. 3d DCA· 2002-05-01
• In re Est. of Albert Weber
  351 So. 2d 1108· Fla. 4th DCA· 1977-11-09
• 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
• In re Rasmussen's Will
  37 Fla. Supp. 85· Lake Cty. Cir. Ct.· 1972-05-25
  A Florida circuit court determined that a beneficiary's remainder interest in a testamentary trust vested at the testator's death, not contingent upon surviving the life income beneficiary. Therefore, the deceased beneficiary's share passed to his estate rather than lapsing. This
• In re Est. of Amy B. Gallop
  248 So. 2d 686· Fla. 4th DCA· 1971-06-07
  This case addresses whether the residue of a deceased testatrix's estate passes only to named beneficiaries who survived her, or to their heirs if they predeceased her. The court held that the word "survivors" in the residuary clause means only those named beneficiaries who outli
• 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.