Babcock v. Estate of Babcock
Florida District Court of Appeal
995 So. 2d 1044 (2008)
- Written by Liz Nakamura, JD
Facts
Bradford Babcock, decedent, left his son, Braxton Babcock (defendant), all his “clothing, jewelry, household goods, personal effects, automobiles and all other tangible personal property” pursuant to Article IV of his will. Tawn Babcock (plaintiff), Bradford’s wife, was not mentioned in Bradford’s will because Bradford executed the will prior to their marriage. Following Bradford’s death, Tawn filed a motion to determine the exempt property of the estate, which she was entitled to share in as the surviving spouse. Tawn argued that the property included in the gift to Braxton should be included in the estate’s exempt property because it was a general devise and not a specific devise. The probate court held that Braxton’s gift was a specific devise and that the property covered by the gift was therefore excluded from the estate’s exempt property. Tawn appealed.
Rule of Law
Issue
Holding and Reasoning (Warner, J.)
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