Gorn v. Temple B'Nai Israel

District Court of Appeal of Florida

Gorn v. Temple B'Nai Israel

526 So. 2d 118, 13 Fla. L. Weekly 1033, 1988 Fla. App. LEXIS 1687, 1988 WL 39147

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 1988

DocketNo. 87-2427

StatusPublished

This text of 526 So. 2d 118 (Gorn v. Temple B'Nai Israel) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gorn v. Temple B'Nai Israel, 526 So. 2d 118, 13 Fla. L. Weekly 1033, 1988 Fla. App. LEXIS 1687, 1988 WL 39147 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The facts before us, which need not be detailed in expressing our conclusion to reverse the trial court, disclose a codicil executed within the 6 month period preceding the testator’s death. The effect of the codicil was to convert potential gifts to charitable entities into actual bequests. Because that conversion occurred less than six months from death, section 732.803(1), Florida Statutes (1985), renders the charitable gifts voidable. Accordingly, as well meaning as the trial court was in seeking to fulfill the testator’s intent, the manifest effect of the foregoing statutory provision cannot be overcome.

We reverse and vacate the trial court’s order and remand this matter for further proceedings consistent with this opinion.

DANAHY, C.J., and' CAMPBELL and FRANK, JJ., concur.

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PER CURIAM.

The facts before us, which need not be detailed in expressing our conclusion to reverse the trial court, disclose a codicil executed within the 6 month period preceding the testator’s death. The effect of the codicil was to convert potential gifts to charitable entities into actual bequests. Because that conversion occurred less than six months from death, section 732.803(1), Florida Statutes (1985), renders the charitable gifts voidable. Accordingly, as well meaning as the trial court was in seeking to fulfill the testator’s intent, the manifest effect of the foregoing statutory provision cannot be overcome.

We reverse and vacate the trial court’s order and remand this matter for further proceedings consistent with this opinion.

DANAHY, C.J., and' CAMPBELL and FRANK, JJ., concur.

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Bluebook (online)

526 So. 2d 118, 13 Fla. L. Weekly 1033, 1988 Fla. App. LEXIS 1687, 1988 WL 39147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorn-v-temple-bnai-israel-fladistctapp-1988.