OWENS v. ESTATE OF DAVIS EX REL. HOLZAUSER

Nos. 2D05-557, 2D05-560.

930 So.2d 873 (2006)

Mary Jo OWENS and Monica Clement, Appellants, v. ESTATE OF Ralph E. DAVIS, by and through its Personal Representative, Karen HOLZAUSER and Jonathan Stidham, as the Guardian Ad Litem for the Minor Children of the Testator, Appellees.

District Court of Appeal of Florida, Second District.

June 23, 2006.


Attorney(s) appearing for the Case

James F. Keedy, Barry P. Burnette, and Kris A. Vanderlaan, Tavares, for Appellants.

J. Davis Connor of Peterson & Myers, P.A., Winter Haven, for Appellee Karen Holzauser.

Jonathan Stidham, Bartow, for Appellee Guardian Ad Litem.


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...

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