STATE OF FLORIDA, APPELLANT,

v.

BARBARA JEAN PELLICCI, APPELLEE

Citator

Cited By

• Martin v. Martin, 687 So. 2d 903 (Fla. 4th DCA 1997)
  …ho know they are dying may be peculiarly susceptible to influence. Our statute, section 732.803, Florida Statutes, was held unconstitutional in Shriners Hospitals for Crippled Children v. Zrillic, 563 So. 2d 64 (Fla.1990). . In re Estate of Potter, 469 So. 2d 957 (Fla. 4th DCA 1985), in which we found the trust to be incorporated by reference into the will so that they should be construed together in determining the testator’s intent, is distinguishable. In that case there was more of a relationship between…
• In re Est. OF Emily B. Paulk v. Lindamood, 529 So. 2d 1150 (Fla. 1st DCA 1988)
  …r vivos “pour over” trust provisions. It is well-established that a trust which is incorporated by reference in a will becomes a testamentary disposition, so as to entitle a court to use testamentary terms in its description, In re Estate of Potter, 469 So. 2d 957 (Fla. 4th DCA 1985); Parker v. Florida First National Bank of Jacksonville, 419 So. 2d 730 (Fla. 1st DCA 1982) (in an action by the personal representative of an estate for an accounting and invalidation of a trust, an assessment of fees and costs a…
• David Flinn and Lucy v. Flinn and David Flinn, 502 So. 2d 454 (Fla. 3d DCA 1986)
  …of Wills §§ 19.18, 19.30 (W. Bowe & D. Parker rev. ed. 1960); 79 Am.Jur.2d Wills § 209 (1975); Annot., Reference in Will to Extrinsic Trust Instrument for Terms of Trust Created or Enlarged by Will, 80 A.L.R. 103 (1932); cf. In re Estate of Potter, 469 So. 2d 957 (Fla. 4th DCA 1985) (interdependent dispository terms of will and trust held incorporated into each other). Ill We have no doubt that, as the appellants suggest, these holdings result in the disposition of her property contrary to Ms. Van Devere’s…

Authorities Cited

• State v. Bussey, 463 So. 2d 1141 (Fla. 1985)
• State v. Hayes, 446 So. 2d 1185 (Fla. 4th DCA 1984)