Pajares v. Donahue

Olga Kuhnreich died testate without a living spouse or minor children. Kuhnreich’s primary residence was in Delray Beach, Florida. Under Article Three of Kuhnreich’s will, the property was to be sold and specific devises paid to five named beneficiaries. The gifts would lapse if Kuhnreich sold the property before her death. Article Four of the will stated “see above primary residence” and then dictated that Gladys Pajares (plaintiff) and Conchita Donahue (defendant) receive equal shares of the property after the payment of estate taxes and debts. Pajares and Donahue were among Kuhnreich’s potential intestate heirs. It was undisputed that Kuhnreich’s primary residence was her homestead. After Kuhnreich’s death, Donahue petitioned for construction of Kuhnreich’s will, arguing that the homestead exemption should apply and the Delray Beach property should therefore pass to Donahue and Pajares without being sold to pay the bequests, taxes, and debts outlined in Kuhnreich’s will. The trial court held that Kuhnreich’s will clearly demonstrated she intended the homestead to be sold and used to pay the specific bequests in Article Three before the remaining net proceeds were distributed to Donahue and Pajares. Pajares appealed, arguing that Kuhnreich’s will should be constructed to preserve the application of the homestead exemption under Florida’s Constitution.