SAM R. MARKS, APPELLANT,

v.

NADINE M. MARKS, APPELLEE

Citator

Cited By

• In re Est. of Mary Merwin Sweet v. First Nat'l Bank OF Clearwater under the Will of Mary Merwin Sweet, 254 So. 2d 562 (Fla. 2d DCA 1971)
  …n ademption, even though the testator died before conveying the legal title and receiving all of the purchase money, at least in the absence of a showing that the testator intended otherwise, a showing not made here. Eisenschenk v. Fowler, Fla.1955, 82 So. 2d 876. Some states have by statute changed this result with respect to property specifically devised or bequeathed, but Florida has not yet done so, and we do not feel at liberty to do so judicially. See Annot., 62 A.L.R.2d 958 (1958). If the devise was…
• Forbes v. Burket, 181 So. 2d 682 (Fla. 2d DCA 1966)
  …and find that there seems to be a conflict as to the common law rule, but we do not believe this to be important in this particular case. We find the latest expression of the testator’s intent theory was the case of Eisenschenk v. Fowler, Fla.1955, 82 So. 2d 876, 878, where the writer of this opinion was affirmed by the Supreme Court of Florida in an opinion by Mr. Justice Thomas. In this case it was said: “The prime concern in determining whether or not an ademption resulted in the instant case is the fam…
• In re Est. of Maurine Dallas Watkins v. William T. Rogers Ad Litem for the Estate of Georgia M. Watkins, 284 So. 2d 679 (Fla. 1973)
  …erican School of Classical Studies. We hold that the clear language contained in testatrix’s will must prevail.” Petitioner contends the District Court decision conflicts with In Re Vail’s Estate (Fla.), 67 So. 2d 665; Eisenschenk v. Fowler (Fla.), 82 So. 2d 876, and Forbes v. Burket (DCA2d), 208 So. 2d 670. We agree. This Court in In Re Vail’s Estate held: “. . .In Hurt v. Davidson, 130 Fla. 822, 178 So. 556, 557, we said that ‘while a will becomes effective at the death of a testator, the description of…