HILLSBOROUGH COUNTY, FL. – The Salvation Army and the Catholic Diocese of St. Petersburg are at civil odds in the Hillsborough County courts. Both faith organizations are conditional beneficiaries over what appears to be a multi-million dollar bequeathment by a Clearwater widow who died in June 2021.
Charlotte Rhodes was 89 when she passed away. A retired nurse, she wanted a new retirement center to be built by the Diocese of St. Petersburg.
In her own words, she wrote in Article 6, Section (a) of the trust that she wanted a retirement center built and maintained with her bequeathed funds, to specifically provide shelter and care for retired priests and nuns and disabled or needy Catholics of only the St. Petersburg Diocese.
Her expressed provision and condition was that “within one year after the filing of a Form 706 federal estate tax return by my personal representative, or 21 months after the date of my death, whichever is later, the Bishop shall notify my personal representative that building plans have been drawn, construction contracts let, financing secured as needed, and ground broken, for the construction of such retirement center within the said time limit. If this is not done, and my personal representative notified, by certified return receipt mail, that all of the foregoing have been accomplished, or if this devise to the Bishop is determined to be null and void for any other reason, then this devise to the Bishop shall lapse and drop out, and the eight (8) shares of my residuary estate shall go instead to The Salvation Army, a Georgia corporation, to be used for the purposes and in the manner as provided…”
In a “Petition for Construction and Determination of Compliance with Trust Requirements,” The Salvation Army seeks a judicial decision as to whether the Diocese’s current plan fulfills Ms. Rhodes’ demands in order to receive what she bequeathed to them.
According to the legal petition, the Diocese plan is to conjoin with Angels Senior Living and receive an “interest” in their retirement center, by building and utilizing a “third-floor” to house allegedly 21 Diocese-affiliated persons. The Salvation Army contends this plan may not be what Ms. Rhodes expected.
The Salvation Army’s Petition states the Diocese has expressed their belief that Ms. Rhodes did not literally expect them to build and own their own retirement center, but that they could invest in a pre-existing retirement center to serve Ms. Rhodes’ wishes.
The Salvation Army reminds the court that Ms. Rhodes wrote in her own words that she expected building plans to be drawn, contracts secured, and “ground broken” for the Diocese’s retirement center.
Further, The Salvation Army contends that the Concept Plan only provides 30 years of service to retired priests, nuns, and disabled or needy Catholic members of the Diocese, rather than “in perpetuity,” which they believe was Ms. Rhodes’ intent.
Other issues were raised in the Petition as The Salvation Army asks the court to essentially determine if Ms. Rhodes’ trust demands are fulfilled by the Diocese’s Concept Plan to do business with another entity to achieve her objectives.
Court records indicate the Diocese will respond to The Salvation Army’s request for fuller details of their Concept Plan by April 25th.
In the event the Diocese of St. Petersburg is deemed non-compliant with Ms. Rhodes’ wishes, The Salvation Army is required to care for retired rank-and-file officers and the poor and needy of St. Petersburg.
Thomas Gregory, Trustee of Ms. Rhodes’ estate was reached but would not comment on the case.
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