Legal Opinion
Owens v. Estate of Davis ex rel. Holzauser
District Court of Appeal of Florida
Decided June 23, 2006No. Nos. 2D05-557, 2D05-560PublishedCited by 2 opinions
1Opinion of the Court
KELLY, Judge.
In these consolidated appeals, Mary Jo Owens and Monica Clement, the adopted children of Ralph E. Davis, appeal from an order entered on cross-petitions to determine the beneficiaries of their father’s estate. On appeal, they argue that the trial court improperly considered extrinsic evidence in interpreting Mr. Davis’s will. We agree.
A testator’s intent as expressed in his will controls the legal effect of his dispositions. In re Estate of Budny, 815 So.2d 781, 782 (Fla. 2d DCA 2002); see also § 732.6005(1), Fla. Stat. (2003). When a will is clear and unambiguous on its face,…
2Cases cited4 opinions
- Dutcher v. Estate of DutcherDistrict Court of Appeal of Florida · 1983
- In Re Estate of BarkerDistrict Court of Appeal of Florida · 1984
- In Re Estate of BensonDistrict Court of Appeal of Florida · 1989
- In Re Estate of BudnyDistrict Court of Appeal of Florida · 2002
3Cited by2 opinions
- Cody v. CodyDistrict Court of Appeal of Florida · 2013
- Margaret Green A/K/A Peggy M. Green, Individually, and in Her Capacity as General Partner of Big Oaks Ranch Limited Partnership, and in Her Capacity as Trustee of the Quentin L. Green Living Trust Dated February 19, 2015, and the Estate of Quentin L. Green v. Richard B. Green and Raymond M. Green, in Their Capacity as Limited Partners Of, and Derivatively For, Big Oaks Ranch Limited Partnership, and in Their Capacity as Beneficiaries of the Quentin L. Green Living TrustFlorida Fifth District Court of Appeal · 2026