CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13663
...d be [sic] Virginia Sullivan as life tenant. Appellant contests this order, contending that since the codicil specifically provided for her to take a life tenancy free from encumbrances, the probate court could not require her to pay them. We agree. Section 733.803, Florida Statutes (1983), provides: The specific devisee of any encumbered property shall be entitled to have the encumbrance on devised property paid at the expense of the residue of the estate only when the will shows such an intent....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 5182, 2008 WL 942044
...€™s objections, the trial court did not specifically address the encumbrance issue. The trial court’s rejection of Brian’s objection to the satisfaction of the encumbrance is inconsistent with the governing provision of the Florida Probate Code. Section 733.803, Florida Statutes (2002), provides that “[t]he specific devisee of any encumbered property shall be entitled to have the encumbrance on devised property *867 paid at the expense of the residue of the estate only when the will shows...
...atute plainly provides that such a general direction for the payment of debts does not evidence an intent that encumbrances on devised properties be paid at the expense of the residuary estate. We reject the personal representative’s argument that section 733.803 only applies to encumbrances that remain unsatisfied at the time of distribution and that she had unfettered discretion to pay debts of the estate during the period of administration. Such an interpretation is inconsistent with the design of section 733.803 to carry out the testator’s intent with respect to the devise of encumbered property....
