PHILLIPS v. ESTATE OF HOLZMANN

No. 98-765.

740 So.2d 1 (1998)

Jo Ellen PHILLIPS, Appellant, v. The ESTATE OF Marie M. HOLZMANN, Appellee.

District Court of Appeal of Florida, Third District.

November 25, 1998.


Attorney(s) appearing for the Case

John C. Adams, Coral Gables, for appellant.

Bartmon & Bartmon, and Richard G. Bartmon, Boca Raton; Kevin H. Hendrickson, Fort Pierce, for appellees.

Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.


GERSTEN, J.

Jo Ellen Phillips ("appellant") appeals an order requiring her to return $25,000.00, paid to her under Marie M. Holzmann's (the "testator") will, to the testator's estate. We affirm because the appellant received the $25,000.00 in trust for a specific non-charitable purpose and that purpose no longer exists.

In her will, the testator left $25,000.00 to her "beloved friend," the appellant, "for the care and shelter of [her] two dogs, Riley and Shaun...

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