In Re Parker's Estate

110 So. 2d 498
CourtDistrict Court of Appeal of Florida
DecidedMarch 19, 1959
DocketA-418
StatusPublished
Cited by38 cases

This text of 110 So. 2d 498 (In Re Parker's Estate) 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
In Re Parker's Estate, 110 So. 2d 498 (Fla. Ct. App. 1959).

Opinion

110 So.2d 498 (1959)

In re ESTATE of Howard W. PARKER, Deceased.
Mildred E. PARKER, Edith Hays and Florence Freeders, Appellants,
v.
Lucille B. PARKER, Appellee.

No. A-418.

District Court of Appeal of Florida. First District.

March 19, 1959.
Rehearing Denied April 10, 1959.

*499 Lawrence O. Sands, of Hull, Landis, Graham & French, De Land, for appellants.

John E. Socash, De Land, for appellee.

WIGGINTON, Judge.

Appellant daughters of a deceased testator have appealed from an order of the *500 County Judge which found that the bequests of corporate common stock made to them were general in character, and did not include a proportionate number of additional stock shares received by testator prior to his death as a result of a stock split by the corporation.

Testator and appellee were married late in life, each having children by previous marriages. Prior to executing his will testator made certain extra-testamentary dispositions of real and personal property to his wife. At the time his will was made on January 23, 1950, testator's estate consisted only of 255 shares of common stock in United States Steel Corporation. By his will testator bequeathed 155 shares of this stock, or approximately 61% thereof, to his three daughters, which bequests, except for name, address and amount, read as follows:

"I give and bequeath to my daughter, ____ of ____, ____ shares of United States Steel Common stock, to be hers absolutely."

His remaining 100 shares of stock, which compose the balance of his testamentary estate, or approximately 39% of the total, were bequeathed by the testator to his wife as residuary legatee. Twenty-one months prior to testator's death on February 17, 1957, he received from United States Steel Corporation an additional 255 shares of common stock as a result of a stock split by the corporation. At the time of his death testator's estate consisted solely of the 510 shares of United States Steel Common stock, being the number of shares held by him at the time he executed his will, supplemented by an equal number subsequently received as a result of the stock split by the corporation.

At the time of the execution of his will, the stock owned by testator had no par value but carried a stated value of $33.33 per share. As a result of the reorganization by the corporation of its capital structure, the common stock was split two for one with each share having a par value of $16.66 per share.

By his order the county judge found that the language employed by the testator in his will indicated no intention to segregate the subject of the specific bequests to his daughters from his general property. It was therefore held under the authority of the McDougald case[1] that the bequests of stock to the daughters were general as distinguished from specific in character, and the legatees were each entitled to receive only the number of shares designated in their respective bequests. As a consequence of this ruling the additional shares of stock received by testator as a result of the stock split will become a part of the residuary estate and pass to the widow as residuary legatee. Under the terms of the order here assaulted, the three daughters of testator will receive in value approximately 30% of the testamentary estate, and the widow approximately 70% thereof.

A specific legacy is a gift by will of property which is particularly designated and which is to be satisfied only by the receipt of the particular property described.[2] Income received during administration on property specifically devised shall become property of the specific devisee.[3] A general legacy or devise is one which does not direct the delivery of any particular property; is not limited to any particular asset; and may be satisfied out of the general assets belonging to the estate of testator and not otherwise disposed of in the will.[4] Income received on property which is the subject of a general bequest passes to the residue of the estate.[5]

It was held at common law that if the particular property described in a specific *501 bequest is disposed of by the testator during his life, or cannot be located, the bequest must fail or adeem.[6] It was also the rule at common law that if the subject of a bequest was described in general terms, it was considered to be a general bequest and disposition by testator during his life of all or a part of the property so bequeathed did not create an ademption. In such case the personal representative was required to obtain and deliver to the legatee property satisfying the general description of the bequest.[7] If, however, the property designated in the will for payment of charges against the estate was insufficient for that purpose, general bequests would abate prior to specific bequests.[8]

The technical distinction between general and specific bequests becomes important only when considering situations involving ademption, abatement or disposition of income earned on the subject of the bequest during administration. Illustrative of the later situation is the decision of our Supreme Court in the case of In re McDougald's Estate, supra. There the will contained the following bequest [149 Fla. 468, 6 So.2d 274]:

"I give to my stepdaughter, Mabel E. Chase of Tampa, Florida, 15 shares of stock in Goodall Worsted Company; also 15 shares of stock in Goodall Securities Company, and also five shares of preferred stock in Tampa Gas Company."

The question involved was whether the income received during administration from the subject of this bequest belonged to the legatee Mabel E. Chase, or became a part of the residue of the estate. The court construed the bequest to be general and not specific, thereby preserving for use of the estate the income derived from the stock described in the bequest. If the same question were presented in the case now on review, we would be inclined to hold the bequests in question to be general in character in order that the residue of the estate would receive such income as may be earned during administration. This question, however, is not before us for decision.

It is uniformly held in this jurisdiction that in construing last wills and testaments the polar star by which the court is guided is the intent of the testator as ascertained by a consideration of the entire instrument, and not some isolated segment thereof.[9]

In determining intent, the situation of the testator at the time he made his will, the ties that bound him to the object of his beneficence, the motives which prompted him to make the will he did make, and the influence that wrought on him at the time will all be considered in arriving at the purpose of the testator.[10] When once the intention has been discovered, the wording of the will shall be given such liberal construction as will effectuate the intention of the testator consistent with established rules of law.[11] One of the important factors to be considered in arriving at testator's intent is the apparent testamentary scheme adopted by him for disposition of his property as shown by the terms and provisions of his will.[12]

*502 In situations involving ademption or abatement it seems to be well settled that a bequest of shares of stock in a named corporation will be treated as a general legacy unless a contrary intent appears from the will.

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Bluebook (online)
110 So. 2d 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-parkers-estate-fladistctapp-1959.