District Court of Appeal of Florida
469 So.2d 957 (1985)
Mildred Potter’s will provided that her residence would pass to her daughter, Helen, upon Potter’s death. Potter also had a trust document, which provided that if her residence passed to Helen under the terms of Potter’s will, then Potter’s son, Edwin, should receive an amount equivalent to the value of the residence out of the trust assets. When Potter died, there were not enough assets in Potter’s trust to pay Edwin an amount equivalent to the value of Potter’s residence. Under Florida common law and § 733.805 of the Florida statutes, an estate’s debts, taxes, and devises will be paid first from funds set aside for those purposes in the will, then from assets that are not disposed of under the will, then from assets that are devised to the residuary beneficiaries of the will, then from general devises, and finally from specific devises. The trial court ordered Potter’s residence to be sold and Potter’s estate to be equally divided between Helen and Edwin.
Rule of Law
Holding and Reasoning (Walden, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.