Legal Opinion
PAJARES v. Donahue
District Court of Appeal of Florida
Decided March 17, 2010No. 4D09-508PublishedCited by 2 opinions
1Opinion of the CourtGross, C.J.
We affirm the circuit court’s construction of a will, ruling that a decedent’s primary residence was to be sold without a homestead classification. The will contained specific language indicating that the homestead was to be sold and the proceeds divided, so that the residence lost its “protected” homestead status.
Olga Kuhnreich died in 2007. She executed a will in 2004. The personal representative of the estate, Conchita Donahue, petitioned the circuit court for construction of the will.
Article One of the will stated that Kuhnreich’s husband was deceased and she had no children.
Article…
2Cases cited6 opinions
- In Re Estate of PrattSupreme Court of Florida · 1956
- Morgenthaler v. First Atlantic National BankSupreme Court of Florida · 1955
- McKean v. WarburtonSupreme Court of Florida · 2006
- Rewis v. RewisSupreme Court of Florida · 1920
- Brickell v. DiPietro Ex Rel. DiPietroSupreme Court of Florida · 1940
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- SPCA Wildlife Care Center v. AbrahamDistrict Court of Appeal of Florida · 2011
- JOHN TAULBEE and ANN TAULBEE, etc. v. AMY JEANNE KOZEL, etc.District Court of Appeal of Florida · 2023