JEWISH NATIONAL FUND, COUNCIL OF ISRAEL, HADASSAH-MIAMI BEACH CHAPTER AND ARTHRITIS FOUNDATION, APPELLANTS,
v.
JOSEPH REINMAN, APPELLEE
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PER CURIAM.
This is an appeal from a final summary judgment which determined that a bequest in a testator’s will to a beneficiary had not lapsed and that the beneficiary was accordingly entitled to take under the will. We affirm based on a holding that the bequest did not lapse under the terms of the will when the beneficiary was not located by the personal representative of the estate within one year after the testator’s demise. We reach this result because (1) the will outright bequeaths 50% of the testator’s estate to the beneficiary, and (2) the will’s use of precatory language (“I request”) did not, as urged, create a condition precedent to this bequest in the event the beneficiary could not be located within one year of the testator’s demise. See In re Eggleston’s Estate, 129 Cal.App.2d 601, 277 P. 2d 469, 472 (Ct.App.1954); Wooster School Corp. v. Hammerer, 410 So. 2d 524, 527 (Fla. 4th DCA 1982); In re Lesher’s Estate, 365 So. 2d 815, 818-19 (Fla. 1st DCA 1979); see also In re Hopkin’s Estate, 349 So. 2d 663, 664 (Fla. 4th DCA 1977).
Affirmed.
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Robinson v. State, 692 So. 2d 883 (Fla. 1997)…taking must be by means of: (1) force or violence; or (2) intimidation by assault or putting in fear. Jones, 652 So. 2d at 349; Montsdoca, 84 Fla. 82, 93 So. at 158; S.W. v. State, 513 So. 2d 1088, 1090 (Fla. 3d DCA 1987); see also Walker v. State, 546 So. 2d 1165, 1167 (Fla. 3d DCA 1989); Fla. Std. Jury Instr. (Crim.) 155-56. Due to the nature of the Georgia crime with which Florida’s robbery offense is being compared in this case, we are concerned only with robbery that has as an element of force or violenc…1 / 2
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Love v. State, 583 So. 2d 371 (Fla. 3d DCA 1991)…see Brown v. State, 397 So. 2d 1153 (Fla. 5th DCA 1981); Thomas v. State, 183 So. 2d 297, 300 (Fla. 3d DCA 1966); see also McCloud v. State, 335 So. 2d 257, 259 (Fla.1976); cf. Santilli v. State, 570 So. 2d 400 (Fla. 5th DCA 1990); Walker v. State, 546 So. 2d 1165 (Fla. 3d DCA 1989).…
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Robinson v. State, 680 So. 2d 481 (Fla. 1st DCA 1996)…cient to constitute the crime of robbery); A.J. v. State, 561 So. 2d 1198 (Fla. 3d DCA 1990) (degree of force used to grab camera hanging from victim’s, shoulder while sitting in outdoor cafe was insufficient to constitute robbery); Walker v. State, 546 So. 2d 1165, 1167 (Fla. 3d DCA 1989) (slight force used to take possession of gold chain from victim’s neck where the victim was not held or struck and did not resist in any way was insufficient to support a robbery conviction). The Third District concludes tha…
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- Simmons v. The Honorable Joseph M. Crowell, 365 So. 2d 815 (Fla. 1st DCA 1979)
- In re The Est. of Coleman K. Lesher v. Fla. Nat'l Bank of Gainesville, 365 So. 2d 815 (Fla. 1st DCA 1979)
- In re Est. of Glen A. Hopkins, 349 So. 2d 663 (Fla. 4th DCA 1977)
- The Wooster Sch. Corp. v. Hammerer, 410 So. 2d 524 (Fla. 4th DCA 1982)