Davis v. Arkenberg
Florida District Court of Appeal
195 So. 2d 46 (1967)
- Written by Liz Nakamura, JD
Facts
The testatrix died leaving eight items of personal property to the five children of her deceased husband, listing each child by name. The five children were not the testatrix’s children. Three of the five children predeceased the testatrix, leaving two survivors (plaintiffs). Upon the testatrix’s death, her lineal blood relatives (defendants) challenged the will, arguing that (1) the gifts to the five children were not a class gift but were rather fractional interests and (2) the gifts to the three deceased children therefore lapsed and passed instead to the testatrix’s lineal descendants via intestacy. The two surviving children challenged, arguing the gift was a class gift and therefore they should inherit the shares of the three deceased children. The trial court held for the lineal relatives, ruling that the gifts to the five children were individual gifts and not a class gift. The two surviving children appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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