Legal Opinion

In re Gregory's Will

Circuit Court of the 15th Judicial Circuit of Florida, Palm Beach County

Decided October 15, 1954No. 3Published

1Opinion of the Court

OTIS FARRINGTON, Circuit Judge.

The questions for. discussion here are (1) whether or not the interests of the charities vested at the death of the testator, and if so, (2) could the county judge properly order immediate partial distribution of funds not needed to insure payment of the $50 monthly legacy to the surviving life tenant or for expenses in closing the estate.

Vested and contingent remainders are defined by Redfearn in Wills and Administration of Estates in Florida, 2d ed., section 173 at page 286, as follows — “Remainders are either vested or contingent. A vested remainder is one…

2Cases cited5 opinions

  1. Ducker v. BurnhamIllinois Supreme Court · 1893
  2. Sorrells v. McNallySupreme Court of Florida · 1925
  3. White v. BourneSupreme Court of Florida · 1942
  4. Krissoff v. the First National Bank of TampaSupreme Court of Florida · 1947
  5. First Nat. Bank in Mobile v. WattersSupreme Court of Alabama · 1929

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