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SHINN v. SCHNEIDER

No. 88-1305.

549 So.2d 194 (1989)

Linda Onett SHINN and Michael Onett, Appellants, v. Roy J. SCHNEIDER, Jr., As Personal Representative of the Estate of Dorothy P. Schneider, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 11, 1989.

Attorney(s) appearing for the Case

Shalle Stephen Fine, for appellants.

Wallace, Engels, Pertnoy, Martin & Solowsky and Frank D. Newman, Miami, for appellee.

Before NESBITT and FERGUSON, JJ., and GAVIN K. LETTS, Associate Judge.

GAVIN K. LETTS, Associate Judge.

The trial judge held that an inter vivos grant of real estate by a mother to a son, who was also a one-half residuary devisee of the same real estate under his mother's will, did not constitute an ademption by satisfaction. We disagree and reverse.

The will executed in 1984 contained the following provision:

At the present time my residuary estate is made up of [the 1801 property and the Flamingo Way Property]. .....

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