VIRGINIA CARMICHAEL PENNINGTON AND MARTHA CARMICHAEL SWANSON, APPELLANTS,
v.
THE MUNROE AND CHAMBLISS NATIONAL BANK OF OCALA, AS EXECUTOR OF THE ESTATE OF WELLER L. CARMICHAEL, DECEASED, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves an appeal concerning the interpretation of a will. The appellate court affirmed the trial court's decision, which held that the will devised property in fee simple to the father, rather than a life estate to the father with a remainder to his children (the appellants).
The will devised the property to the appellants' father in fee simple.
“The trial court rejected plaintiffs' contention that the will devised only a life estate in the disputed property to their father, with remainder over to them. On the contrary, the court held that the legal effect of the will was to devise the property to appellants' father in fee simple, which property constituted part of the father's estate upon his death.”
This quote summarizes the core dispute and the trial court's ruling.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellants, Virginia Carmichael Pennington and Martha Carmichael Swanson, are the grandchildren of the testator, Weller L. Carmichael. They conten…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Remainder Interest cases and more on FLexlaw
Plaintiffs have appealed a final judgment construing the provisions of a last will and testament executed by. their deceased grandfather.
The trial court rejected plaintiffs’ contention that the will devised only a life estate in the disputed property to their father, with remainder over to them. On the contrary, the court held that the legal effect of the will was to devise the property to appellants’ father in fee simple, which property constituted part of the father’s estate upon his death.
It is our view, and we so hold, that the construction placed upon the will in question by the trial court was correct, so the judgment appealed is affirmed. See this court’s opinion in the companion case of In re: Trust under the Will of C. Ed Carmichael, Deceased, Fla.App., 227 So.2d 237, opinion filed this day.
Affirmed.
CARROLL, DONALD K., Acting C. J., WIGGINTON and RAWLS, JJ-, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Tr. under the Will of C. Ed Carmichael, 227 So. 2d 237 (Fla. 1st DCA 1969)