Dutcher v. Estate of Dutcher
Florida District Court of Appeal
437 So. 2d 788 (1983)
- Written by Liz Nakamura, JD
Facts
Stuart Dutcher (plaintiff) was the only child of Loreta Dutcher, decedent. Loreta executed a do-it-yourself will that was poorly written, ambiguous, and internally contradictory. In Paragraph Thirdly, Loreta appeared to bequeath her estate to Stuart’s children, Loreta’s grandchildren; however, in Paragraph Sixthly, Loreta appeared to bequeath her estate to Stuart. Following Loreta’s death, Stuart, as personal representative for Loreta’s estate (defendant), petitioned for a determination of beneficiaries. The grandchildren were represented by a guardian ad litem. Witness testimony at the hearing stated that Stuart and Loreta had a good relationship and that it was Loreta’s intent to bequeath her property to Stuart, or to his children only if Stuart predeceased Loreta. The trial court, citing the conflict between Paragraphs Thirdly and Sixthly, ruled that the grandchildren were the beneficiaries of Loreta’s estate. Stuart appealed.
Rule of Law
Issue
Holding and Reasoning (Ryder, J.)
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