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Shriners Hosp. for Crippled Children v. Zrillic - 563 So. 2d 64 (Fla. 1990)


To meet the standing requirement of Fla. Stat. ch. 732.803, petitioner must be a lineal descendent of the testator, and eligible to receive an interest in the devise, if avoided.


The court consolidated two cases, both hinging on the constitutional construction of Fla. Stat. ch. 732.803 as to setting aside a charitable devise where respondent lineal descendant's legacy was expressly limited by decedent's will. Petitioners, a charity and the estate, sought review of the decision allowing Respondent Zrillic  to set aside a charitable devise.


Does Zrillic, whose legacy was expressly limited by the decedent's will, have standing to set aside a charitable devise in that will?




The court held that Zrillic had standing to petition to avoid the devise. However, the court quashed the decision of the lower court, holding that Fla. Stat. ch. 732.803, which would have allowed Zrillic  to set aside the charitable devise, violated the equal protection guarantees of both the state and federal constitution because the classification established in that statute did not draw a rational distinction and was neither just nor reasonably related to a legitimate governmental purpose. Therefore, the court approved the decision of the court below as to standing, but quashed the decision as to its discussion of the constitutionality of the statute. The court declared that the statute was unconstitutional and remanded for further proceedings in accordance with its opinion.

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