Estate of Potter
District Court of Appeal of Florida
469 So.2d 957 (1985)
Relevant factsFree
Potter's will left her residence outright to her daughter Helen, while a separate trust document provided that her son Edwin should receive an amount equivalent to the residence's value if the residence in fact passed to Helen under the will, but the trust lacked sufficient assets to fully fund Edwin's equivalent payment at Potter's death; the trial court ordered the residence sold and the estate split equally between Helen and Edwin.
IssueFree
Whether, if there are insufficient assets in an estate to pay the estate's debts, taxes, and devises, a general devise and a specific devise will abate in equal shares.