Page 28 - Boca ViewPointe - October '24

Page 28, Viewpointe October 2024
Book Review

American Sanctuary: Mutiny, electoral campaign be able to find sanctuary
focused on driving the
in the United States and
Martyrdom, And National Identity public’s anger, form not have to fear being
In The Age Of Revolution the major part of this turned away. It is to
this day at the heart
compelling story.
Eventually—and of our nation’s self-
By Nils A. Shapiro critical in light of today’s image, symbolized by
political climate and the Statue of Liberty
I cannot recall ever immigration crisis— in New York Harbor
enjoying a scholarly work the American people and the inscription on
of early American history so eventually decided her base addressed to
interestingly and vividly told, that, whether or not “the huddled masses
so extraordinarily researched Jonathan Robbins (or yearning to be free.”
and impressively detailed, Thomas Nash, if that This is the story of
exciting as any novel, and was his real name) was how and when that all
as timely in subject as in fact an American started. I loved every
next month’s presidential citizen, anyone fleeing word of it. 
election! from oppression should
The date was September 21, 1797. The event was a
Hermione, in the Caribbean off the coast of Puerto Rico. What Are The Differences Between
vicious mutiny by the crew of a British naval vessel, HMS
Little remembered today, A Will And A Revocable Living Trust?
its aftershock was to lead
directly to the election
of Thomas Jefferson By Martin Zevin, Attorney will only apply to those assets where there are no designated
over the incumbent John Many people mistakenly believe beneficiaries (or if the beneficiaries have died before you).
Therefore, one of the primary reasons that many clients choose
Adams as president of the that, if they have executed a Florida to create a Revocable Living Trust is to avoid probate on all of
Will, probate will be avoided when
United States … and the they pass away. This is not true. their assets, particularly their home and any other real estate. I
resulting lasting image of In Florida, an Estate will go into have many clients who own their primary home in Florida and
America as a sanctuary of probate when a person owns any a vacation home in another state. We create a Revocable Living
freedom for those fleeing property in his or her name alone Trust in Florida and also prepare a Quit Claim Deed to transfer
from persecution in other without named beneficiaries. For the Florida property into the Trust. An attorney in the other
lands—an issue that example, if your spouse is deceased state can then prepare a Deed transferring that property into the
dominates today’s political and the deed to your home is in both Florida Trust. This legal work will avoid probate in both states
campaigns just as it did the of your names, that home will have to go through the probate process and allow for quick and easy sale or distribution of the properties.
one in 1800. in Court when you die. Likewise, if you have a brokerage account The Trust which we prepare also provides that your Successor
I must admit that, or bank account in your name alone with no one named as payable Trustee (the person or persons you designate to administer the Trust
although it was published in 2017, I had never heard of on death, that asset will also need to be probated upon your death. after you pass away) can also take over managing the assets of
The main purpose of a Will is to designate who you want to get
your Trust if you become legally incapacitated. Legal incapacity is

American Sanctuary and was fortunate to come across it by certain assets when you die. If you die without a Will in Florida, the defined in the Trust document with language that requires a written
accident on a table stacked with books while shopping in a law will still require probate of your assets and your beneficiaries statement from two medical doctors indicating that you are not able
market. Its author, A. Roger Ekirch, is a professor of history will be based on your closest living blood relatives. Florida Law to carry on your legal affairs. The language allows your Successor
at Virginia Tech, has written four earlier books, received a provides for an order of priority of blood relatives if someone dies Trustee to take over without a Court Order, but still provides you
Guggenheim Fellowship and is widely recognized as one of without a Will. If you are a Florida resident and own real estate the protection of requiring written statements from two doctors.
our finest historians. in another state, it is likely that two probates will be required: a In addition, it is much more difficult to contest a Revocable Living
The details that enrich this narrative, garnered from primary probate in Florida and a secondary probate (known as an Trust than a Will. Your Successor Trustee can sell your properties and
the author’s extraordinary research, add enormously to the ancillary proceeding) in the state where the property is located. make distributions very quickly following your death, whereas the probate
overall experience, as do the many contemporary portraits With cash assets such as bank accounts, CDs, brokerage process required for a Will generally takes six to nine months or longer.
and illustrations from that period. accounts, annuities, life insurance policies, etc. you can avoid I leave you with the words of wisdom that my father left for me:
Revolutionary and early American history being one probate by designating one or more beneficiaries on the “May you live as long as you want and never want as long as you live.”
account. These beneficiaries will be entitled to the proceeds of
I am available for a free personal meeting or phone consultation

of my preferred reading tastes I was surprised never to that account upon your death, regardless of whether you have regarding Estate Planning. Call me at 954-569-4878. My
have heard of the very significant event that is the pivotal a Will or what you may have indicated in the Will; in other address is 3275 W. Hillsboro Blvd., Suite 204, Deerfield Beach,
subject of this book: the mutiny aboard HMS Hermione. words, the designation of a beneficiary in a specific account Florida 33442. My website is www.martinzevinpa.com and my
Nor, shockingly, was it ever mentioned in any class, even takes precedence over anything stated in a Will. The Will e-mail address is martinzevin@netzero.com.
through college.
At the time the mutiny took place—after the United States Paid Advertisement
had already won the Revolutionary War several years earlier
and declared itself an independent nation—one of the most
objectionable policies of the British crown and its navy was
the practice of “impressment”: the stopping and boarding of
other nations’ vessels, capturing members of their crews and
forcing them to sail and work as seamen on British ships,
most likely never to see their families again.
Such was the case of many on the Hermione’s crew as
it sailed near the island of Puerto Rico on that September HAPPY HOUR: MON - THURS, ALL DAY AT BAR ONLY
day in 1797. Adding to what was already a tinder box of a Happy Hour
situation was the fact that this ship’s captain, Admiral Hugh MON - FRI 3 - 6 PM
Pigot, was a disciplinarian so stern that whipping and other Mon. - Thurs.
punishments for minor crew offenses became unbearable FULL INDOOR At Bar Only All Day
and sparked the bloody insurrection that ended in the death AND OUTDOOR Mon. - Fri. 3 - 6 pm
of the captain and other officers.
One of the main leaders of the mutiny was a man whose (COVERED PATIO) LUNCH SPECIALS
name throughout this book varies between Thomas Nash
(if he was actually Irish) and Jonathan Robbins, depending BAR AND DINING EVERY DAY
upon whether his claim to have been an American from
$
Connecticut was true or not. starting at 11
Eventually, after the mutiny Robbins made his way to
the U.S. and was tracked down by the British government,
which demanded that President John Adams turn over the
“mutineer and murderer” to Britain for punishment. It was
awkward timing, for Adams was then in the process of
ratifying an economic trade treaty with Britain that had just
been negotiated.
Adams had to weigh the success of the treaty against the
American public’s anger about the British policy and actions
of impressment on the high seas and the idea of turning over
to Britain a claimed American citizen who “had the right
to regain his freedom after having been the victim of such
impressment” and return home.
Adams’s decision to turn Robbins over to Britain—
where he was executed by hanging without a trial—
Adams’s Federalist Party’s defense of his decision, and the
consequences of Jefferson’s Republican Party’s national