Perdew v. Townley

District Court of Appeal of Florida

Perdew v. Townley

623 So. 2d 798, 1993 Fla. App. LEXIS 8822, 1993 WL 320101

CourtDistrict Court of Appeal of Florida

DecidedAugust 24, 1993

DocketNo. 92-1928

StatusPublished

This text of 623 So. 2d 798 (Perdew v. Townley) 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

Perdew v. Townley, 623 So. 2d 798, 1993 Fla. App. LEXIS 8822, 1993 WL 320101 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

We affirm the declaratory judgment determining that a quitclaim deed given by Ruth McCaskill, the life tenant of certain real property under a will, to Martha Jo Thompkins Perdew conveyed only the grantor’s life estate. The remainder interest, a testamentary trust, was contingent, and with the death of the last beneficiary of the trust prior to the death of the life tenant, the trust failed and the remainder reverted to Ruth McCaskill’s estate. See Van Pelt v. Estate of Clarke, 476 So.2d 746 (Fla. 1st DCA 1986). However, this determination necessarily requires reversal and remand for an accounting by Martha Jo Thompkins Perdew to the estate of Ruth McCaskill commencing from the date of the latter’s death.

Affirmed in part and reversed in part and remanded.

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PER CURIAM.

We affirm the declaratory judgment determining that a quitclaim deed given by Ruth McCaskill, the life tenant of certain real property under a will, to Martha Jo Thompkins Perdew conveyed only the grantor’s life estate. The remainder interest, a testamentary trust, was contingent, and with the death of the last beneficiary of the trust prior to the death of the life tenant, the trust failed and the remainder reverted to Ruth McCaskill’s estate. See Van Pelt v. Estate of Clarke, 476 So.2d 746 (Fla. 1st DCA 1986). However, this determination necessarily requires reversal and remand for an accounting by Martha Jo Thompkins Perdew to the estate of Ruth McCaskill commencing from the date of the latter’s death.

Affirmed in part and reversed in part and remanded.

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Bluebook (online)

623 So. 2d 798, 1993 Fla. App. LEXIS 8822, 1993 WL 320101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perdew-v-townley-fladistctapp-1993.

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