In re the Estate of Davol
100 So. 2d 188 (1958)
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Rule of Law:
Under Florida's intestacy statutes, descent and distribution of an estate shall always be per stirpes, even when the only surviving heirs are of an equal degree of kinship to the decedent.
Facts:
- Lillian A. Davol died intestate, meaning she did not have a valid will.
- Her sole surviving heirs were her nieces and nephews.
- These heirs were the descendants of her three predeceased siblings: a brother named John, a sister named Harriet, and another brother named William.
- John had six children (appellants).
- Harriet had three surviving children (appellees).
- William had two surviving children (appellees).
- John's six children contended that the estate should be divided per capita, meaning each of the eleven nieces and nephews would receive an equal 1/11th share.
- The children of Harriet and William argued for a per stirpes distribution, where the estate is first divided into three equal shares representing their parents, and then distributed among them within those family lines.
Procedural Posture:
- The County Judge’s Court for Dade County, Florida, acting as the court of first instance for probate, entered an order distributing the estate of Lillian A. Davol.
- The County Judge's Court ruled that the estate must be distributed per stirpes.
- The children of decedent's brother John, as appellants, appealed the order to the Circuit Court for Dade County.
- The Circuit Court affirmed the order of the County Judge’s Court.
- The appellants (children of John) then appealed the Circuit Court's affirmance to the District Court of Appeal.
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Issue:
Does Florida's intestacy statute, F.S. § 731.25, which mandates that descent and distribution 'shall always be per stirpes,' require a per stirpes distribution among an intestate's nieces and nephews, even when they are all of an equal degree of kinship to the decedent?
Opinions:
Majority - Drew, E. Harris, Associate Judge.
Yes. Florida's intestacy statute requires a per stirpes distribution even when the heirs are of an equal degree of kinship. The plain language of F.S. § 731.25, stating that distribution 'shall always be per stirpes,' is an unambiguous and controlling legislative command. This statute acts as a blanket provision governing the manner of distribution for all classes of heirs, overriding the traditional common law principle that per stirpes distribution is only used out of necessity when heirs are of an unequal degree of kinship. The legislative history further supports this interpretation; the statute was enacted after the decision in Broward v. Broward, which had applied the common law per capita rule under a prior, different statute. The legislature's enactment of the 'always be per stirpes' language demonstrates a clear intent to abrogate the old rule and establish a uniform, predictable method of distribution in Florida.
Analysis:
This decision solidifies that the statutory mandate for per stirpes distribution in Florida is absolute, supplanting the common law preference for per capita distribution among heirs of equal degree. It establishes a bright-line rule that simplifies estate administration by removing judicial discretion to consider the equity of distribution among same-generation heirs. The case is a powerful example of legislative supremacy, demonstrating how a clear statutory directive can intentionally and effectively overturn long-standing judicial precedent and common law canons of descent. Consequently, estate planning and litigation in Florida must strictly adhere to this per stirpes model, which can result in significant disparities in the shares received by cousins from different family branches.
