WALTER RUPPERT, SR., APPELLANT,
v.
IN RE ESTATE OF CHARLES FRANCIS HASTINGS, DECEASED, APPELLEE
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Florida court affirmed that a will disinheriting a daughter in favor of a charity must be voided under Fla. Stat. § 731.19, despite the testator's clear intent, because the statute mandates such result.
A will that disinherits a child in favor of a charitable organization must be voided under Florida Statute 731.19, regardless of the testator's stated reasons for disinheritance.
[1] Under Florida Statute 731.19, a will that disinherits a child in favor of a charitable organization must be voided by operation of law, even when the testator's intent to…
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Join FLexlaw to unlock all legal intelligenceCharles F. Hastings executed a will on February 16, 1974, devising all his property to the American Legion Post and attempting to disinherit his daugh…
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PER CURIAM.
The facts of this appeal are not in dispute. Charles F. Hastings executed a will on February 16, 1974, in which he attempted to disinherit his daughter and any grandchildren on the basis that his daughter had ignored him for thirty years (except for one insulting telephone call). By his will, Hastings devised all of his property to the American Legion Post in Holly Hill. Hastings died on March 10, 1974, and the American Legion Post Commander petitioned the Volusia County Circuit Court for a determination of beneficiaries and probate of his will; thereafter, Evelyn Wheatley, Hastings’ daughter petitioned the court to be named Administratrix C.T. A. of her father’s estate and pursuant to Florida Statute 731.19 to void the charitable bequest and devise to the American Legion Post. The lower court voided, pursuant to Florida Statute 731.19, the bequest and devise to the American Legion Post; appointed Wheatley Administratrix C.T. A.; and found that she was the sole person entitled to receive her father’s estate. By way of this appeal, Commander of the American Legion Post challenges the lower court’s order. We are bound by the plain language, of Florida Statute 731.19, as passed by the Florida legislature. It might well be that the results of this case are completely opposite to the testator’s intentions; however, we conclude that the lower court was correct in setting aside the subject will as mandated by Florida Statute 731.19.
Affirmed.
RAWLS, C. J., and JOHNSON and MILLS, JJ., concur.
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Shriners Hosps. FOR Crippled Child. v. Zrillic, 563 So. 2d 64 (Fla. 1990)…intent of the testator prevails. § 732.6005(1), Fla.Stat. (1985). However, allowing the testator’s intent to control construction of section 732.803 would defeat both the plain meaning and the logic of the statute. See Ruppert v. Estate of Hastings, 311 So. 2d 810, 811 (Fla. 1st DCA 1975) (construing predecessor statute). Section 732.803 would serve no purpose if Zrillic is denied standing because the statute’s only logical use is to give standing to one who otherwise would be deprived of a legacy. Any other…1 / 3
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Zrillic v. Est. OF Lorraine E. Romans, 535 So. 2d 294 (Fla. 5th DCA 1988)…she would be entitled to her intestate share upon the avoidance or absence of the residuary clause. See In re Barker’s Estate, 448 So. 2d 28 (Fla. 1st DCA 1984); In re Reid’s Estate, 399 So. 2d 1032 (Fla. 1st DCA 1981); Ruppert v. Hastings’ Estate, 311 So. 2d 810 (Fla. 1st DCA 1975). COBB and COWART, JJ., concur.…