DeRoche v. Mitchell (In re Estate of DeRoche)
Florida District Court of Appeal
330 So. 2d 860 (1976)
- Written by Tammy Boggs, JD
Facts
LeRoy DeRoche was the sole owner of a mobile home that was located on a lot owned by Venice Bay Trailer Park, Inc. (Venice Bay). LeRoy owned 53.5 shares of the 80 outstanding shares in Venice Bay. LeRoy prepared a will that bequeathed 20 shares to Marie DeRoche (plaintiff) and his remaining shares equally to his two brothers, including Leonard DeRoche (plaintiff). The third paragraph of the will stated that it was LeRoy’s “desire” for Violet Mitchell (defendant), who was then living in the mobile home, to be allowed to continue to live rent-free “on the lot and in the mobile home” for the rest of Mitchell’s life. LeRoy made a “request” that his beneficiaries “do their utmost to carry out [his] desire.” Further, if the three beneficiaries decided to sell Venice Bay, LeRoy expressed his “hope” that provisions would be made to ensure that Mitchell should have a “life interest in the lot and mobile home.” After LeRoy died, Marie and Leonard sought to administer LeRoy’s estate. Mitchell obtained an order that LeRoy’s will created a precatory trust in her favor. Marie and Leonard appealed.
Rule of Law
Issue
Holding and Reasoning (McNulty, C.J.)
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