Stuart v. Society of the New York Hospital, Inc.

FRANK, Judge.

The personal representative and residuary beneficiaries of the estate of Patricia Stuart Gilbert have appealed from a judgment entered on a petition for the construction of a will. The trial court held that certain charitable beneficiaries were entitled to share in the income earned during administration of the estate, in accordance with section 738.05(2)(b), Florida Statutes (1989). We reverse.

The question presented here is whether or not the charities described in Ms. Gilbert’s will are “devisees of pecuniary be*972quests not in trust,” as that term is used in section 738.05(2)(b).…