Sorrells v. McNally

Summary

The Florida Supreme Court construed John B. Flinn, Sr.'s will after his widow elected to take a statutory share and his son and grandson died before the widow. The court held that the grandson, Charles Otto Flinn, received a vested estate of inheritance in one-half of the residuary estate at the testator's death, notwithstanding the direction that the estate be turned over to him at age thirty. Because the will contained no alternate disposition upon the grandson's death, that interest descended to his mother under Florida's statute of descents, and the decree awarding the remainder to the widow was reversed.

Holdings

1. The residuary devise to Charles Otto Flinn vested at the testator's death; the direction that the estate be turned over to him when he reached thirty postponed enjoyment and possession rather than vesting.
2. Charles Otto Flinn's death before age thirty did not cause the vested devise to lapse, and no possibility of reverter or resulting trust arose in favor of the heirs of John B. Flinn, Sr.
3. The widow's election to take a child's share did not cause the grandson's vested remainder to accelerate to or become owned by the widow.
4. At his death, Charles Otto Flinn held an estate of inheritance in one-half of the residuary estate, and that interest passed as intestate property to his mother, Ruth Iona Sorrels, under Florida's statute of descents.

Questions Presented

1. Whether the will vested the residuary estate in Charles Otto Flinn at the testator's death or made his interest contingent on attaining age thirty.
2. Whether Charles Otto Flinn's death before attaining age thirty caused the devise to lapse or created a possibility of reverter or resulting trust in favor of the testator's heirs.
3. Whether the widow's election to take against the will altered the vesting of the grandson's remainder or entitled her to the entire residuary estate.
4. Whether the vested interest inherited by Charles Otto Flinn descended under Florida's statute of descents to his mother.

Disposition

reversed_and_remanded