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Phillips v. Estate of Holzmann
Florida District Court of Appeal
740 So.2d 1 (1998)
- Written by Liz Nakamura, JD
Facts
Marie Holzmann, decedent, left $25,000 in her will to Jo Ellen Phillips (plaintiff) expressly for the care and shelter of Marie’s two dogs. Shortly after Holzmann’s death, her two dogs were euthanized for health reasons. Holzmann’s parents (defendants) petitioned to have Phillips return the $25,000 to Holzmann’s estate. Phillips challenged and sought to retain the $25,000. The trial court ordered Phillips to return the $25,000 to Holzmann’s estate because she had received the money pursuant to an honorary trust and that honorary trust failed upon the dogs’ death. Phillips appealed.
Rule of Law
Issue
Holding and Reasoning (Gersten, J.)
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