CopyCited 18 times | Published | Florida 5th District Court of Appeal | 1995 WL 471654
...use is executed and the legal title is vested in the beneficiary. Id. § 69. Florida's statute of uses executes a passive trust when a deed of bargain and sale or covenant to stand seized are employed, but it does not mention a declaration of trust. § 689.09, Fla....
...ot be thus conveyed." Fratcher § 28.1. The other consideration is that perhaps all trusts are supplied with any absent provisions of duties and powers by Chapter 737, Florida Statutes (1993), making passive trusts extinct unless created pursuant to section 689.09, Florida Statutes (1993)....
...enactment of the statute, these two conveyancing methods came to be recognized as valid in the law courts and became the most commonly used forms of deeds. (emphasis added) *1199 The Statute of Uses in a modified form has been codified in Florida as section 689.09....
...McGill,
62 So.2d 28 (Fla. 1952). As noted in in Carver v. United States, 188 Ct.Cl. 202,
412 F.2d 233 (1969): The law in Florida is clear and unequivocal. Where a dry, passive trust of property has been created, the Florida Statute of Uses, Florida Statutes, s.
689.09, has been held to nullify the trust and to vest both the legal and equitable title in the designated beneficiary or beneficiaries....
...Bogert, Law of Trusts, sections 3 and 4. [5] The terms "use" and "trust" are also used to distinguish different aspects of the same subject: use refers to the beneficial interest of the estate, while trust refers to nominal (legal) ownership. Black's Law Dictionary at 1382. [6] Section 689.09 states: By deed of bargain and sale, or by deed of lease and release, or of covenant to stand seized to the use of any other person, or by deed operating by way of covenant to stand seized to the use of another person, of or in any lan...
CopyCited 16 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 470
...uable or good consideration. This formal requirement has persisted because the modern deed is the descendant of the most popular forms of conveyance used after the enactment of the Statute of Uses. Florida has its own version of the Statute of Uses. Section 689.09, Florida Statutes (1983), provides as follows: By deed of bargain and sale, or by deed of lease and release, or of covenant to stand seized [sic] to the use of any other person, or by deed operating by way of covenant to stand seized t...
...The fact that the statute, like the English statute, provides that various forms of deeds are sufficient to vest legal title in the grantee, has led to the statement found in some authorities to the effect that a consideration is necessary to support a deed. E.g., 19 Fla.Jur.2d, Deeds, §§ 5, 44 (1980). However, section 689.09 does not expressly require that a deed of land be supported by consideration in order to be effective....
...ida now applicable to deeds generally. As the above-quoted scholarly article by Mr. Rood advises, we believe the formal requirements for conveyances are found in the conveyancing statutes. Neither sections
689.01 .03, Florida Statutes (1977), nor section
689.09 for that matter, contain any mention of a requirement of consideration....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...nvey the title to the corporation. Hence this litigation. The theory of the plaintiff's suit is that the trust provision in the deed to the defendants created only a dry and passive trust which was executed by the Florida Statute of Uses, Fla. Stat. § 689.09 F.S.A....
...The final decree emphasized that the whole question in the case was that of rightful ownership and the proper lodgment of title to the subject property. This was a question of law on the unequivocal facts, and that question was rightly determined. Affirmed SHANNON, C.J., and SMITH, J., concur. NOTES [1] "689.09 Deeds under statute of uses....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...Moreau,
430 So.2d 576, 578 (Fla. 5th DCA 1983); see 8 Thompson, The Modern Law of Real Property, § 4227 (Grimes rev. ed. 1963); 23 Am.Jur.2d, Deeds §§ 131, 139 (1983). [5] Consideration is required to raise a use by bargain and sale, which is then executed by virtue of section
689.09, Florida Statutes (1983)....
CopyPublished | Supreme Court of Florida | 1954 Fla. LEXIS 1283
...When Jacob procured a deed to himself ás the original vendee instead of t.o his ex-wife, Marjorie to whom he had assigned his interest he became a trustee of a constructive trust, ex 'maleficio, for his wife, Marjorie,' and the Statute of Uses, F.S. § 689.09, F.S.Á....
