Margaret Green a/k/a Peggy M. Green, Individually and in her Capacity as General Partner of Big Oaks Ranch Limited Partnership, et al. v. Raymond M. Green and Richard B. Green, in their Capacity as Limited Partners of, and Derivatively for, Big Oaks Ranch Limited Partnership, et al.
The Fifth District reversed a final judgment construing a trust devise of 'my homestead property' as limited to the settlor's house and 1.57 surrounding acres rather than the roughly 160-acre parcel on which he ran cattle. Although the term was ambiguous and extrinsic evidence was properly admitted, the trial court used that evidence to vary the trust's express terms and reached an absurd result — a devise of a farm's worth of cattle and equipment to be operated on an acre and a half. The court affirmed Peggy Green's removal as personal representative, trustee, and general partner, remanded the fiduciary-breach and damages rulings tied to the homestead construction, and remanded both sides' appellate attorney's fee motions to the probate court.
Key facts
- Dr. Quentin Green created Big Oaks Ranch, a rural property exceeding 700 acres; roughly 521 acres were transferred over time to a limited partnership in which his children held gifted shares, while approximately 177 acres (referred to as the '160 acre homestead') remained in his individual name.
- Dr. Green's trust directed the trustee to distribute to his daughter Peggy Green 'what is currently my homestead property' identified only by street address, with a legal description promised but never supplied; the immediately following provision devised to her all farm equipment, cattle, vehicles, and tangible personal property 'reasonably required to operate agricultural enterprises on the above described property.'
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Holdings
- A trust term is ambiguous when it can legitimately be understood to carry two different meanings, and the trial court may then admit extrinsic evidence; whether a trust is ambiguous and how…
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Why it matters
This opinion is a useful tool for trust and estate litigators and for anyone litigating contract or instrument construction. It confirms that finding an ambiguity opens the door to extrinsic evidence but does not… — full analysis with a trial
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