WILLIAM R. SIMMONS, PETITIONER,

v.

THE HONORABLE JOSEPH M. CROWELL, RESPONDENT

Citator

Cited By (14 total)

• Dutcher v. The Est. OF Loreta B. Dutcher, 437 So. 2d 788 (Fla. 2d DCA 1983)
  …ent and her general scheme of disposition. If possible, and when consistent with law and public policy, the testamentary intent of the testatrix is to be effectuated. In Re Estate of Wagner, 423 So. 2d 400 (Fla. 2d DCA 1982); In Re Estate of Lesher, 365 So. 2d 815 (Fla. 1st DCA 1979); § 732.6005, Fla.Stat. (1981). In the case sub judice, the intent of the testatrix is not “crystal clear.” Nevertheless, such a difficulty will not require a holding that the will fails and the property must be disposed of accor…
• Hulsh v. Rea R. Hulsh, 431 So. 2d 658 (Fla. 3d DCA 1983)
  …s intent could be and was gleaned from the will itself, parol evidence seeking to establish some contrary intent was inadmissible. See In re Block’s Estate, 143 Fla. 163, 196 So. 410 (Fla.1940); Adams v. Vidal, 60 So. 2d 545; In re Estate of Lesher, 365 So. 2d 815 (Fla. 1st DCA 1979). Although the trial court erroneously admitted parol evidence offered by the appellants, it appears that its ultimate finding, which, sub silentio, accorded such evidence little, if any, weight, was correct. Therefore, appellants…
• First Nat'l Bank OF Fla. v. Moffett, 479 So. 2d 312 (Fla. 5th DCA 1985)
  …lbert v. Gilbert, 447 So. 2d 299 (Fla. 2d DCA 1984). This intention should not be determined by isolated words and phrases but rather the instrument as a whole should be considered and the testator’s general plan ascertained. In Re Estate of Lesher, 365 So. 2d 815 (Fla. 1st DCA 1979). In construing the instrument, words should be given their ordinary and usual meaning. Knauer v. Barnett; Lesher. We conclude that the settlor intended to establish two trusts upon his death, one for the benefit of Howard Bidwel…