Babcock v. ESTATE OF BABCOCK
995 So. 2d 1044, 2008 WL 4863088 (2008)
Rule of Law:
A bequest of a class of personal property, such as 'all of my household goods and automobiles,' is a specific bequest because it designates particular property to be satisfied only by the receipt of that property, and is not a general bequest satisfiable from the estate's general assets.
Facts:
- Bradford Babcock executed a will devising all his tangible personal property, including household goods and automobiles, to his then-wife, Tara L. Babcock.
- The will named his son, Braxton D. Babcock, as the contingent beneficiary for this property if Tara did not survive him.
- Bradford Babcock later divorced Tara.
- Bradford subsequently married Tawn Babcock, but did not update his will to include her.
- Bradford and Tawn were separated at the time of his death.
Procedural Posture:
- Following Bradford Babcock's death, his will was submitted to the probate court.
- Under Florida law, the divorce from Tara voided her bequest, making the son, Braxton, the beneficiary of the personal property.
- Tawn Babcock, the surviving but pretermitted spouse, filed a motion in the probate court to determine exempt property, seeking to claim certain household goods and automobiles.
- The Estate of Bradford Babcock argued the property was specifically devised to the son and thus was not exempt property available to Tawn.
- The probate court (trial court) ruled that the will's bequest was specific, and therefore the property could not be considered exempt.
- Tawn Babcock, as appellant, appealed the probate court's order to the District Court of Appeal of Florida, Fourth District.
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Issue:
Does a testamentary bequest of 'all of my clothing, jewelry, household goods, personal effects, automobiles and all other tangible personal property' constitute a specific bequest, thereby excluding that property from the statutorily exempt property a surviving spouse may claim?
Opinions:
Majority - Warner, J.
Yes. The bequest of 'all' of the decedent's designated categories of tangible personal property constitutes a specific bequest. A specific legacy is defined as a gift of particularly designated property that can only be satisfied by the receipt of that specific property. In contrast, a general legacy is one that does not direct delivery of any particular property and may be satisfied from the estate's general assets. Here, the devise of all clothing, jewelry, and automobiles refers to specific, identifiable items owned by the testator at his death, making them capable of being distinguished from other assets. This language sufficiently designates the property, classifying the devise as a specific bequest. Therefore, under Florida statute § 732.402(5), which excludes specifically devised property from being considered 'exempt property,' the surviving spouse cannot claim these items.
Analysis:
This decision clarifies the line between specific and general bequests under Florida probate law, particularly for devises of an entire class of property. It establishes that using encompassing terms like 'all of my' for a category of items (e.g., automobiles, jewelry) is sufficient to create a specific bequest. This ruling reinforces a testator's intent to pass specific types of personal property to designated heirs, protecting those bequests from statutory claims by a surviving spouse seeking 'exempt property.' Future will interpretations involving similar language will likely follow this precedent, prioritizing the testator's specific devises over a surviving spouse's statutory exemption rights.
