CopyCited 20 times | Published | Florida 3rd District Court of Appeal
...ipso facto, terminate the agreement. [5] Although Marcella's disqualification by waiver is tantamount to her death prior to the death of the testator, which arguably would cause the devise to her to lapse and pass to the other residuary legatee, see § 732.604, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
... Unless a contrary intention appears in the will: (1) If a devisee who is a grandparent, or a lineal descendant of a grandparent, of the testator: (a) ... (b) Fails to survive the testator ... (c) ... then the descendants of the devisee take per stirpes in place of the deceased devisee... . Section 732.604, Florida Statutes (1979), the lapse statute, states in whole: 732.604 Failure of Testamentary Provision....
...D passes under the lapse statute to the surviving beneficiaries named in paragraphs B, C and D of Clause SECOND. The paragraph A devise would pass under the lapse statute to the surviving named beneficiaries if they were residuary beneficiaries. See section 732.604....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 19688
...In the instant case paragraph EIGHTH of the will leaves a life estate in a gasoline station to the widow with the remainder over to the said Dr. Rosch. It is this remainder interest that the widow seeks to strike down. The remainder interest, if avoided, falls into the residue. Section 732.604, Florida Statute (1980)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 22277
...was executed less than six months before death. The trial court held that because appellant was not a specified person who would receive any interest in the devise if it was avoided, she had no standing to file the petition. It reasoned that whether section 732.604(1)....
...pass by way of intestacy, allowing her to share. On the other hand, appellees argued in their briefs that appellant has no standing because Trusts A and B constitute the residuary estate and, if Trust B fails, its assets pass to Trust A pursuant to section 732.604(2); in that event appellant would not share....
...The residue is not Trusts A and B nor Trust B alone, but consists of all assets devised to the trustee pursuant to Article IV of the testator’s will. We reach that conclusion simply by reading the two dispositive clauses of the will. 6 The effect *197 of that determination is to make the applicability of section 732.604(2) the primary consideration in the case....
...tory construction; namely, reading section 732.-604(2) in pari materia with section 731.-201(2), as it was intended by the legislature, and not literally with section
731.201(9), as such clearly was not the legislative intent. The net result is that section
732.604(2) applies and controls. The term “devisees,” as used in section
732.604, plainly was not intended to refer to trustees as used in section
731.201(9), but to beneficiaries as used in section
731.201(2)....
...First, if there is only one trustee and several beneficiaries of the residuary devise, the conclusion that the “residuary devisee” was the trustee would always result in intestacy as to that part of the residue which failed for any reason. (This is because only section 732.604(2) deals with residuary devises that fail; and it expressly requires more than one residuary devisee before it applies.) Such result is contrary to the rule of construction in section 732.-6005, Florida Statutes (1977)....
...suant to section
731.201(9), they still would not be the “residuary devisees” under a will designating several beneficiaries of the residue. The trustees obviously do not have proportionate interests in the residue, whereas beneficiaries do, and section
732.604(2) expressly refers to the proportionate interests of the residuary devisees. Third, to conclude otherwise would wipe out a line of well-reasoned decisions interpreting the statutory predecessor to section
732.604(2) 8 as intending that failed residuary gifts inured to the benefit of the remaining residuary beneficiaries....
...r to a person in trust for the same purpose or beneficiary, as was made in the last will or by a will or a series of wills duly executed immediately next to the last will, one of which was executed more than 6 months before the testator’s death. . Section
732.604(1), Florida Statutes (1977), provides: Except as provided in s.
732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. . Section
732.604(2), Florida Statutes (1977), provides: Except as provided in s....
CopyPublished | Florida 3rd District Court of Appeal | 2000 WL 1629934
...They reason that Carl's interest in the trust corpus never vested, arguing that each beneficiary had to survive until the death of Eunice Goldenberg in order to take the corpus of the trust. They contend that Carl's interest lapsed, and that it passes to Robin as the other residuary devisee. See § 732.604(2), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13243, 2011 WL 3696309
...essed in subsection (1), those being "the intention of the testator as expressed in the will," and the "rules of construction" contained in Part VI of chapter 732 (i.e., section
732.601 ("Simultaneous *691 Death Law"), section
732.603 ("Antilapse"), section
732.604 ("Failure of testamentary provision"), section
732.605 ("Change in securities"), section
732.606 ("Nonademption of specific devises"), section
732.607 ("Exercise of power of appointment"), section
732.608 ("Construction of generic terms") and section
732.609 ("Ademption by satisfaction"))....
