Quimbee logo
DMCA.com Protection Status

Pajares v. Donahue

33 So. 3d 700 (2010)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Pajares v. Donahue

Florida District Court of Appeal

33 So. 3d 700 (2010)

Facts

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.

Rule of Law

Issue

Holding and Reasoning (Gross, C.J.)

What to do next…

  1. 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 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. 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.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership