Opinion
No. 92-1928.
August 24, 1993.
Appeal from the Circuit Court, Dade County, Peter S. Capua, J.
Bernard B. Weksler, Coral Gables, for appellant.
Siegfried, Kipnis, Rivera, Lerner De La Torre and H. Hugh McConnell, Coral Gables, Richard J. Lee, Miami, for appellees.
Before NESBITT, COPE and GODERICH, JJ.
We affirm the declaratory judgment determining that a quitclaim deed given by Ruth McCaskill, the life tenant of certain real property under a will, to Martha Jo Thompkins Perdew conveyed only the grantor's life estate. The remainder interest, a testamentary trust, was contingent, and with the death of the last beneficiary of the trust prior to the death of the life tenant, the trust failed and the remainder reverted to Ruth McCaskill's estate. See Van Pelt v. Estate of Clarke, 476 So.2d 746 (Fla. 1st DCA 1985). However, this determination necessarily requires reversal and remand for an accounting by Martha Jo Thompkins Perdew to the estate of Ruth McCaskill commencing from the date of the latter's death.
Affirmed in part and reversed in part and remanded.