Legal Opinion

Jureski v. Scaduto

District Court of Appeal of Florida

Decided August 25, 2004No. 4D03-2719Published

1Opinion of the CourtStone, J.

Larry Jureski, as personal representative, filed a petition to construe a will. A residuary beneficiary opposed the petition, contending that the will contained two irreconcilable clauses. The trial court, in construing the self-drafted will of the testator, agreed with the residuary beneficiary and concluded that the two dispository paragraphs in the will conflicted. As the conflict could not be otherwise resolved, the trial court, applying settled law, determined that the latter provision must prevail over the former, as the last statement of the testator’s intent. We affirm.

The applicable…

2Cases cited7 opinions

  1. In Re Parker's EstateDistrict Court of Appeal of Florida · 1959
  2. Dutcher v. Estate of DutcherDistrict Court of Appeal of Florida · 1983
  3. In Re Roger's EstateDistrict Court of Appeal of Florida · 1965
  4. In Re Estate of PotterDistrict Court of Appeal of Florida · 1985
  5. Elliott v. KrauseSupreme Court of Florida · 1987

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