Tubbs v. Teeple

OTT, Judge.

We consider here whether the Florida Anti-Lapse Statute (§ 732.603, Fla.Stat.) applies to a testamentary gift to a stepdaughter. Concluding that it does not, we reverse an order based on a contrary view.

The will of the decedent named her stepdaughter as residuary beneficiary. The stepdaughter predeceased the testatrix. The stepdaughter left two daughters as her only heirs at law. The trial court entered an order naming these two daughters as beneficiaries of the residue of the estate in preference to appellant, a half brother and only heir-at-law of the testatrix.

When a legatee…