From our private database of 28,700+ case briefs...
Raborn v. Menotte
Florida Supreme Court
974 So. 2d 328 (2008)
Robert Raborn and Lenore Raborn established a private express trust for their three children, Douglas (plaintiff), Robin, and Richard, the corpus of which was the family horse farm. Douglas was named trustee, and Douglas, Robin, and Richard were beneficiaries. Robert and Lenore executed two documents to effectuate their intentions: (1) Raborn Farm Trust Agreement and (2) Conveyance Deed to Trustee Under Trust Agreement. The deed named Robert and Lenore as “settlors under the Raborn Farm Trust Agreement” and named Douglas as “Trustee under the Raborn Farm Trust Agreement.” The deed repeatedly referenced the trust agreement and the trustee’s broad powers over the farm property. The trust agreement was not recorded, but the deed was recorded. In 2001, Douglas filed for Chapter 7 bankruptcy. Deborah Menotte (defendant), the bankruptcy trustee, sought to include the farm property in the bankruptcy estate, arguing that the deed conveying the farm property to Douglas conveyed a fee simple interest and not mere legal title in his capacity as trustee. The bankruptcy court denied Menotte’s petition and held the farm was not part of the bankruptcy estate. Menotte appealed, and the district court reversed, holding that the deed failed to meet statutory requirements for a conveyance in trust to a trustee, that Douglas held title in fee simple, and that the farm was therefore part of the bankruptcy estate. Douglas appealed to the United States Court of Appeals for the Eleventh Circuit, which certified a question to the Florida Supreme Court about whether the deed as written conveyed a fee simple interest or mere legal title.
Rule of Law
Holding and Reasoning (Bell, 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 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
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.