CopyCited 7 times | Published | Florida 5th District Court of Appeal
...Simmons of Green, Simmons, Green, Hightower & Gray, P.A., Ocala, for appellees/cross-appellants. DAUKSCH, Chief Judge. This is an appeal of an Order Determining Heirs, Approving Accounting and Directing Distribution. The main issue is whether Florida's nonademption statute, section 732.606, Florida Statutes (1979), applies to a devise by a ward of a voluntary guardianship....
...Simpson had never been declared mentally incompetent. The initial Petition to Approve Accounting and Direct Distribution requested the court to distribute to Emily Miller the proceeds from the sale of Simpson's house because of the provisions of the nonademption statute, section 732.606, Florida Statutes (1979). After due objections and amendments, the trial court concluded that section 732.606(1), did not apply because Simpson had never been declared mentally incompetent; Florida case law had adopted the "intention theory" of ademption; [2] and there was an ademption because Simpson had intended to sell her house and adeem this devise. The trial court erred in finding that prior case law determined the applicability of section 732.606. The legislative enactment of new probate provisions in Chapter 74-106, Laws of Florida, evinces an intent to provide a new scheme as set forth in Chapters 731-735, Florida Statutes. Since section 732.606 was adopted as modified from the Uniform Probate Code, we find that the Legislature wanted Florida's law to be similar to the laws of our sister states adopting this provision rather than prior Florida case law. To give effect to section 732.606, any unpaid proceeds of specific devises are to be paid to the devisee regardless of intent; when "specifically devised property is sold by a guardian of the property for the care and maintenance of the ward, ... the specific devisee has the right to a general pecuniary devise equal to the net sale price... ." Sec. 732.606(1), Fla....
...y incompetent [3] and voluntary guardianships. [4] Although these statutes clearly delineate two different types of guardianship, each uses the term "guardian." We conclude that absent any intention to only apply to guardians of incompetent persons, section 732.606(1) applies to both guardians of incompetent persons and guardians of persons under voluntary guardianships....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1697
...We find that there is no indication of an intent by the testatrix to adeem, and that the judgment must be reversed. 113 Cal. App.3d at 173-174, 169 Cal. Rptr. at 651-652 (citations omitted). As part of the new probate code, our legislature determined that under certain circumstances ademption shall not occur. § 732.606, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...Bequests "adeem" when a specific bequest is sold, expended, or destroyed before the death of the testator. 80 Am.Jur.2d Wills §§ 1702; 1706 (1975); Redfearn, supra note 5, § 12.09. [7] Annot., 61 A.L.R.2d § 16 (1958); Annot., 51 A.L.R.2d 770 §§ 3, 4 (1957). [8] § 732.606(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 295
...function. In Mayberry, the court clearly makes a distinction between testamentary *247 dispositions by a voluntary conservatee's estate during his lifetime. 601 P.2d at 1114. See too Owen v. Wilson,
399 So.2d 498 (Fla. 5th DCA 1981), which held that section
732.606(1), Florida Statutes (1979), applies to guardians of incompetents and guardians of persons under voluntary guardianships alike....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15028
...te that if the testator in the case sub judice had sold all of his stock to appellant or anyone else for cash, the devise would have been adeemed. Appellant argues that the foregoing statute is not applicable to a sale with deferred payments because § 732.606(2), Florida Statutes (1977), applies....
...(a) Any balance of the purchase price owing from a purchaser to the testator at death because of sale of the property plus any security interest.” This statute appears to control unless it is modified by the immediately preceding subsection (1) of § 732.606 which appellee contends is a restriction on the operation of subsection (2)....
...By reversing the subsections this misapprehension could easily be avoided.” The same construction is likewise adopted by the author of Redfern Wills and Administration in Florida, 5th Ed., Edwin 0. Simon, 1977, 12.09, page 177, in footnote 4 relating to ademption under § 732.606(2)(a) stating as follows: “If there is any balance of the purchase price remaining at the testator’s death from the sale of the specifically devised property, the specific devisee is entitled thereto together with any security interest ....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21417
...She claimed that the bequest to the children was no longer effective and that an ademption had occurred due to the sale of the stock in the corporation by the testator prior to his death. The trial court held that under the provisions of Section 732.-606(2)(a) the children were entitled to the mortgage and note. Section 732.606 reads: 732.606 Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance (1) If specifically devised property is sold by a guardian of the property for the care and maintenance o...
...section (2) applied to all testators, not just those for whom guardians had been appointed. 1 We agree. In addition to a close reading of the literal wording 2 of the statute, resolution of this issue is aided by an examination of the background of section 732.606, Florida Statutes (1981)....
...ing sale, condemnation, or destruction of specifically devised assets when the testator’s death occurred before the proceeds of the sale, condemnation, or any insurance had been paid to the testator. If the intention of the legislature in adopting section 732.606 was to follow the lead of the Uniform Probate Code, as we believe it was, then clearly subsection (2) must be construed to refer to all testators, as the trial court correctly ruled....
...Appellant attempts to distinguish Dobson on the basis that the sale in that case was to the specific devisee. However, this factor is not relevant under the statute. Nor is the intent of the testator. In Owen v. Wilson,
399 So.2d 498 (Fla. 5th DCA 1981), the Fifth District observed: “To give effect to Section
732.606, any unpaid proceeds of specific devises are to be paid to the devisee regardless of intent....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13243, 2011 WL 3696309
...d the "rules of construction" contained in Part VI of chapter 732 (i.e., section
732.601 ("Simultaneous *691 Death Law"), section
732.603 ("Antilapse"), section
732.604 ("Failure of testamentary provision"), section
732.605 ("Change in securities"), section
732.606 ("Nonademption of specific devises"), section
732.607 ("Exercise of power of appointment"), section
732.608 ("Construction of generic terms") and section
732.609 ("Ademption by satisfaction"))....
