Stuart v. Society of the New York Hospital, Inc. (In re Estate of Gilbert)
Florida District Court of Appeal
585 So. 2d 970 (1991)
- Written by Tammy Boggs, JD
Facts
Patricia Gilbert bequeathed all her jewelry and clothing to her sister in one article of her will. In the next article of her will, Gilbert directed that one-third of her estate, not including the specifically devised items, was to be “liquidated and reduced to cash” and then given to various charities (defendants) in certain shares. A subsequent article of the will left the residue of Gilbert’s estate to residuary beneficiaries (plaintiffs). The will did not address the allocation of income earned during the period of estate administration. In a probate proceeding, Gilbert’s personal representative (plaintiff) and the residuary beneficiaries claimed that the charities were not entitled to share in the income earned during estate administration pursuant to Florida Statutes § 738.05(2)(b). The trial court found in favor of the charities, and the personal representative and residuary beneficiaries appealed.
Rule of Law
Issue
Holding and Reasoning (Frank, J.)
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