Glenn v. Roberts
Florida District Court of Appeal
95 So. 3d 271 (2012)
- Written by Liz Nakamura, JD
Facts
Barbara French, decedent, executed a will leaving her entire residuary estate to her friend, Terry Glenn (plaintiff). Article Third of French’s will stated that she made the bequest to Glenn “having full confidence that he will honor all requests made to him by me prior to my death as to friends whom I desire he benefit.” Article Fifth then expressly stated French purposefully disinherited her family members and only wanted Glenn, as the named beneficiary, to inherit her estate. Following French’s death, Dawn Roberts (defendant), French’s only grandchild and intestate heir-at-law, filed a petition to set aside French’s will, arguing that the residuary bequest was invalid because Article Three contained unauthorized oral distribution instructions, and, therefore, that French’s estate must pass by intestate succession. The trial court granted Roberts’s petition and directed that French’s estate be distributed via intestate succession. Glenn appealed.
Rule of Law
Issue
Holding and Reasoning (Lagoa, J.)
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