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2. The Will and Amended Revocable Trust
The disposition of decedent's property upon her death was
governed by her Last Will and Testament (Will), dated August 3,
1983, and by her Amended Revocable Trust Agreement (Trust
Agreement), dated June 3, 1985, providing for the Edna Pearce
Lockett Revocable Trust (Trust).
After providing small pecuniary bequests to decedent's
former employees and disposing of all clothes, jewelry, books,
and other personal effects to her surviving nephew and nieces,
the Will devised2 the residuary estate to the trustees of the
Trust. Mr. Lanier, a longtime friend and attorney of the
decedent, is named as the personal representative of the estate.
The Will directs the personal representative to pay all estate
taxes and expenses of administration out of the residuary estate.
The Will and Trust constitute an integrated plan for the
disposition of decedent's assets through the "pour over" of
assets from the probate estate to the Trust.
The Trust Agreement recites that decedent is the grantor of
the Trust and designates decedent, Mr. Lanier and Mr. Pearce as
cotrustees. The Trust, established under the laws of Florida,
provides, in pertinent part, as follows:
ARTICLE III - Dispositive Provisions
2 The Florida Probate Code uses "devise" to describe the
transfer at death of both personal property and real property.
Fla. Stat. Ann. sec. 731.201(8) (West 1995).
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Last modified: May 25, 2011