Melican v. Parker, et al.
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Harvey Strother, who was domiciled in Georgia, bequeathed a Florida condominium to his long time mistress, Anne Melican, but prior to his death, he entered into a contract to sell the condominium. Although Strother died before the closing date, the condominium was nevertheless eventually sold pursuant to the agreement he had entered into before he died. When Melican filed an action to collect the proceeds from the sale, the executor and trustee of the testamentary marital trust and the Strother's grandson and beneficiary under the will, filed a response as caveators to the will. At issue was whether the bequest of the real property in question had been adeemed based on the sale and whether Melican therefore was not entitled to the proceeds of the sale. The court held that pursuant to Fla. Stat. 732.606(2)(a), Melican, as the specific devisee of the Florida condominium under the will, was entitled to the proceeds from the sale after Strother's death, as these proceeds had not yet been paid to decedent before he died.
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