Romaniello v. Romaniello
Florida District Court of Appeal
760 So. 2d 1083 (2000)
- Written by Liz Nakamura, JD
Facts
Anna Kerner, decedent, had two daughters, Joanne Romaniello (defendant) and Barbara Gianni, and one granddaughter, Donna Romaniello (plaintiff). Donna was Joanne’s daughter. Anna’s will expressly disinherited Barbara. Article II of Anna’s will stated that she gave all her “furnishings and personal property to Donna Romaniello.” Article III contained a residuary clause giving all of Anna’s property to Joanne except for the property specifically disposed of in other sections of the will. Anna’s estate at the time of her death included only the tangible personal property in her home and approximately $102,000 held in a variety of intangible financial assets, including stocks and bank accounts. After Anna’s death, Donna petitioned for construction of Anna’s will, arguing that the “personal property” granted to her in Article II should include both the tangible assets in Anna’s home and the $102,000 worth of intangible financial assets. The trial court denied Donna’s petition, holding that Donna’s interpretation was contrary to Anna’s testamentary intent. Donna appealed.
Rule of Law
Issue
Holding and Reasoning (Thompson, C.J.)
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