District Court of Appeal of Florida June 20, 2012, No. 3D11-1093 (Glenn v. Roberts)

LAGOA, J.

Terry Glenn (“Glenn”) appeals from an order granting Dawn Roberts’s (“Roberts”) motion for judgment on the pleadings, which found that the residuary estate of the decedent, Barbara Annette French (“French”), must be distributed pursuant to Florida’s intestate statute. We reverse.

I. FACTUAL AND PROCEDURAL HISTORY

On March 20, 2003, French executed a Last Will and Testament (the “Will”).