Phillips v. Estate Of Holzmann

740 So. 2d 1 (1998)

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Nature of the Case

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Facts

Testator left $25,000.00 to her 'beloved friend,' Dt, 'for the care and shelter of [her] two dogs, Riley and Shaun.' Shortly after the testator's death, however, Riley and Shaun were put to sleep for health reasons. The testator's parents petitioned to have the $25,000.00 returned to the estate. The court concluded that D received the $25,000.00 as an 'honorary trust' and that the honorary trust failed when the dogs were put to sleep. The court determined, the trust became a 'resulting trust' for the benefit of the estate's residual beneficiaries and ordered the money returned. D appealed.