KATHLEEN COLEMAN, APPELLANT,

v.

LIBERTY MUTUAL INSURANCE COMPANY, A FOREIGN INSURER, APPELLEE

Citator

Cited By

• Dutcher v. The Est. OF Loreta B. Dutcher, 437 So. 2d 788 (Fla. 2d DCA 1983)
  …whole should be considered to determine the testatrix’ intent 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 tha…
• Elliott v. Krause, 531 So. 2d 74 (Fla. 1987)
  …The primary consideration in construing a will is ascertaining the intent of the testatrix. If possible, and when consistent with law and public policy, the testamentary intent of the testatrix is to be effectuated. Dutcher; In re Estate of Wagner, 423 So. 2d 400 (Fla. 2d DCA 1982); In re Estate ofLesher, 365 So. 2d 815 (Fla. 1st DCA 1979); § 732.6005, Fla. Stat. (1981). In support of his position, Krause cites Albury v. Albury, 63 Fla. 329, 58 So. 190 (1912), for the rule that a court need not give effect t…
• Wilson v. First Fla. Bank, 498 So. 2d 1289 (Fla. 2d DCA 1986)
  …trinsic evidence of the intent of the testator. The paramount objective in construing a will is to ascertain the intent of the testator. The will as a whole should be considered in order to ascertain the testamentary scheme. In re Estate of Wagner, 423 So. 2d 400 (Fla. 2d DCA 1982). The construction of the will which leads to a valid testamentary disposition is favored over one which results in intestacy. In re Gregory’s Estate, 70 So. 2d 903 (Fla.1954). If possible, the intent should be determined from the…

Authorities Cited

• Travelers Ins. Co. v. Furlan, 408 So. 2d 767 (Fla. 5th DCA 1982)