Zrillic v. Estate of Romans
Decision Date | 20 October 1988 |
Docket Number | No. 88-49,88-49 |
Citation | 535 So.2d 294,13 Fla. L. Weekly 2372 |
Parties | 13 Fla. L. Weekly 2372, 13 Fla. L. Weekly 2450 Lorraine E. ZRILLIC, Appellant/Cross Appellee, v. ESTATE OF Lorraine E. ROMANS, deceased, Appellee/Cross Appellant. and Shriners Hospital For Crippled Children, Appellee. |
Court | Florida District Court of Appeals |
Peggy Tribbett Gehl, Ft. Lauderdale, and Linda Chambliss of Copeland and Chambliss, Ft. Lauderdale, for appellant/cross appellee.
Lawrence E. Dolan of Lawrence E. Dolan, P.A., Orlando, James G. Lloyd, James C. Erdman and Betty Merrick, as Co-Personal Representatives for appellee/cross appellant, Estate of Lorraine E. Romans, deceased.
William S. Belcher and Joseph W. Fleece, III, of Belcher and Fleece, P.A., St. Petersburg, for appellee Shriners Hospital for Crippled Children.
Appellant seeks reversal of the trial court's order denying her petition to avoid a charitable devise. We conclude the trial court erred in holding section 732.803, Florida Statutes (1985) unconstitutional under the federal and state equal protection clauses, reverse the order, and remand.
Although addressing the similar predecessor statute, the supreme court's holding in Taylor v. Payne, 154 Fla. 359, 17 So.2d 615 (1944), appeal dismissed, 323 U.S. 666, 65 S.Ct. 49, 89 L.Ed. 541 (1944), rehearing denied, 323 U.S. 813, 65 S.Ct. 113, 89 L.Ed. 647 (1944) is still viable. See also Arthritis Foundation v. Beisse, 456 So.2d 954 (Fla. 4th DCA 1984), rev. den., 467 So.2d 999 (Fla.1985). The present statute is rationally related to its purpose. Lalli v. Lalli, 439 U.S. 259, 99 S.Ct. 518, 58 L.Ed.2d 503 (1978).
The legislature has recognized the difference between a decedent's imminent concern for his or her immortality at the expense of those mortals dependent upon the decedent who are left behind and those decedents who have given a lengthier consideration of charity prior to their demise. While the statute may be broader than the defined purpose of protecting the surviving spouse and lineal descendants from improvident charitable bequests, such restriction of scope is a problem for the legislature to cure. In re Blankenship's Estate, 122 So.2d 466 (Fla.1960); In re Pratt's Estate, 88 So.2d 499, 501 (Fla.1956).
We find the Florida statute under scrutiny different from those in other states in which the "Mortmain" statutes have been held unconstitutional. Most important is the savings clause in section 732.803(1)(e), which provides that a devise to a charity will stand, notwithstanding that the making of the will was within six months of the testator's date of death, if a similar devise was contained in a preceding will or codicil. In addition, our statute does not automatically void the charitable bequest, but makes it...
To continue reading
Request your trial-
Shriners Hospitals for Crippled Children v. Zrillic
...for Lorraine E. Zrillic. BARKETT, Justice. We have consolidated for review two cases that arose out of Zrillic v. Estate of Romans, 535 So.2d 294 (Fla. 5th DCA 1988). One presents an issue concerning the district court's express declaration of validity of section 732.803 of the Florida Stat......
-
Florida Elks Children's Hosp. v. Stanley
...Taylor v. Payne, 154 Fla. 359, 17 So.2d 615, appeal dismissed, 323 U.S. 666, 65 S.Ct. 49, 89 L.Ed. 541 (1944). Zrillic v. Estate of Romans, 535 So.2d 294 (Fla. 5th DCA 1988). 2 The Florida Supreme Court accepted jurisdiction of that case on June 6, 1989. Romans v. Zrillic, 545 So.2d 869 (Fl......
-
Romans v. Zrillic
...So.2d 869 Estate of Romans (Lorraine E.) v. Zrillic (Lorraine E.) NO. 73,640 Supreme Court of Florida. JUN 06, 1989 Appeal From: 5th DCA 535 So.2d 294 Accepted ...
-
Shriners Hospitals for Crippled Children v. Zrillic
...Shriners Hospitals for Crippled Children v. Zrillic (Lorraine E.) NO. 73,639 Supreme Court of Florida. JUN 06, 1989 Appeal From: 5th DCA 535 So.2d 294 Accepted ...