HomeMy WebLinkAbout2227 • ~
f
there is nothing in the wording of the Will or the facts surrounding r
the making of the Will to indicate that the decedent intended that
this bequest of the residence to WILLIAM H. HILSON was anything ~
other than an outright specific bequest. While it might have been
the intention of the Testatrix to equalize the benefit received by
the beneficiaries by making the general cash bequest of $7,273.00
to VIRGINIA HILSON, there is nothing in the Will to indicate that
said bequest was intended to constitute a lien or charge on the
specific bequest of the residence to WILLIAM H. HILSON.
Accordingly, it is the finding and Order of this Court
that:
(1) The general bequest of $7,273.00 to VIRGINIA HILSON as
contained in Clause II of the Last Will and Testament of RUTH C.
HILSON, deceased, dated February 13, 1973, does not constitute a
lien or charge on the specific devise of the decedent's residence
located at 1901 South 41st Street, Fort Pierce, Florida, to WILLIAM H.
HILSON as contained in Clause III of the decedent's Last Will and
Testament. The provisions of §733.805 Florida Statutes shall govern
the abatement of these devises to satisfy charges, allowances,
expenses, exemptions, and taxes against the Estate, and the general
F
E bequest. of cash in the amount of $7,273.00 to VIRGINIA HILSON shall
E
E abate before the specific devise of the decedent's residence, should
the assets of the Estate be insufficient to pay all of the devises, I
charges, allowances, expenses, exemptions, and taxes against the
3
~ Estate.
(2) The Court's ruling on the Petition for Interpretation t
and Construction of Will renders the Complaint for Declaratory
K
Judgment filed herein by WILLIAM H. HILSON and DAURA (DORA) HILSON
moot.
- The Court retains jurisdiction over the parties and the
subject matter hereto for the entry of such further Orders as are
deemed appropriate.
f
f
d
F
30~r f,IGF
y cos zzz5
f _2_ .
S
?t.
a ~