STATE OF FLORIDA, ET AL.,

v.

FLORIDA STATE IMPROVEMENT COMMISSION, AN AGENCY OF THE STATE OF FLORIDA

Citator

Cited By

• In re Est. of Charles H. Pratt v. Pratt, 88 So. 2d 499 (Fla. 1956)
  …calculated to avoid speculation as to the testator’s intent and to concentrate upon what he said rather than what he might, or should, have wanted to say. Wright v. Sallet, Fla., 66 So. 2d 237; Martin v. Shands, Fla., 49 So. 2d 598; State v. North, 159 Fla. 351, 32 So. 2d 14; lies v. Iles, 158 Fla. 493, 29 So. 2d 21; In re Block’s Estate, 143 Fla. 163, 196 So. 410; Howe v. Sands, 141 Fla. 813, 194 So. 798, rehearing denied 142 Fla. 625, 195 So. 609; Rewis v. Rewis, 79 Fla. 126, 84 So. 93. Moreover, in prob…
• Pontrello v. Est. OF Kenneth C. Kepler, 528 So. 2d 441 (Fla. 2d DCA 1988)
  …appointment. See §§ 733.302-733.305, Fla. Stat. (1985). It is a well recognized principle of law that a testator has the right to name the person who shall administer his estate provided such person is not disqualified by law. E.g., State v. North, 159 Fla. 351, 32 So. 2d 14 (1947); Estate of Kenton v. Kenton, 423 So. 2d 531 (Fla. 5th DCA 1982), petition for review denied, 436 So. 2d 99 (Fla.1983). Ordinarily, courts have no discretion but to issue letters testamentary to the person nominated in the will,…

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• Schleider v. The Est. OF Anne Schleider, 770 So. 2d 1252 (Fla. 4th DCA 2000)
  …ate. The general rule of law is that trial courts do not have discretion to refuse to appoint the personal representative named by the testator in the will unless that person is disqualified by law. See § 733.301, Fla. Stat. (1999); State v. North, 159 Fla. 351, 32 So. 2d 14, 18 (1947); Pontrello v. Estate of Kepler, 528 So. 2d 441, 442-43 (Fla. 2d DCA 1988). Clearly, the testator’s selection of a personal representative should be afforded great deference. See Fain v. Hall, 463 F.Supp. 661, 664 n. 3 (M.D.F…