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Simpson v. Simpson

Florida District Court of Appeal
723 So. 2d 326 (1998)


In 1997, Donald Simpson died, leaving his entire estate to his son, Terry Simpson (plaintiff). Terry was also the personal representative of Donald's estate. Terry petitioned the probate court for a determination of whether some of Donald's real and personal property was excluded from the estate and therefore exempt from claims by creditors. Specifically, Terry alleged that Donald had gifted several guns to Terry while Donald was still alive. Terry thus contended that the guns were not part of the personal property of the estate. Eleanor Simpson (defendant), Donald's ex-wife, objected to Terry's petition and made claims against the estate. At a hearing before the probate court, Terry's only evidence about the alleged gift of the guns was Terry’s testimony that while Terry and Donald were on a fishing trip, Donald had verbally agreed to give Terry the guns. The guns were located at Donald's home. Terry had not picked up the guns from Donald, and Donald had not made any arrangements to deliver the guns to Terry. The probate court excluded the guns from the estate, and Eleanor appealed to the Florida District Court of Appeal.

Rule of Law


Holding and Reasoning (Griffin, C.J.)

Dissent (Dauksch, J.)

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