Green v. Green
The Fifth DCA held that the phrase "my homestead property" in a settlor's trust — identified only by street address with no promised legal description — was ambiguous, permitting extrinsic evidence, but that the trial court's construction limiting it to the house and 1.57 surrounding acres produced an absurd result when read with the immediately following provision distributing farm equipment and 150–200 head of cattle for "agricultural enterprises on the above described property." The court reversed the property-construction ruling and the fiduciary-breach and damages determinations dependent on it, affirmed the unchallenged breach findings and the removal of appellant as personal representative, trustee, and general partner, and remanded both parties' appellate fee motions to the probate court.
Key facts
- Settlor created a trust identifying 'my homestead property' only by street address, with a legal description promised but never provided, to distribute to beneficiaries including house, surrounding acreage, farm equipment, and 150-200 head of cattle for agricultural enterprises.
- Trial court construed 'homestead property' to mean only the house and 1.57 acres, found appellant fiduciary breached trust duties by operating cattle on other ranch land, and awarded damages; appellant also challenged her removal as personal representative, trustee, and general partner.
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Why it matters
A useful decision for trust-construction practitioners: it confirms that an ambiguity finding opens the door to extrinsic evidence but cabins that evidence — it cannot vary express terms — and supplies a concrete… — full analysis with a trial
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