FORSYTHE v. SPIELBERGER


86 So.2d 427 (1956)

Bruce Douglas FORSYTHE, Marilyn Dale Forsythe and Norman Lloyd Forsythe, Minors, by Amelia Joyce Forsythe, their Guardian, Petitioners, v. Lewis SPIELBERGER, Mary Ann Spielberger, Lois Spielberger, Henry Spielberger, Jr., Henry Spielberger, Individually and as Trustee, Robert J. Duff, as Trustee and Executor under the Last Will and Testament of Jacob L. Spielberger, Deceased, and the Exchange National Bank of Tampa, as Administrator de bonis non of the Estate of Jacob L. Spielberger, deceased, Respondents.

Supreme Court of Florida. Special Division A.

March 28, 1956.


Attorney(s) appearing for the Case

John P. Corcoran, Jr., and Brown, Brown & Corcoran, Tampa, for petitioners.

Robert L. Frank and Reeves, Allen & Dell, Tampa, for Henry Spielberger, Jr.

John R. Himes and Coles, Himes & Germany, Hugh C. Macfarlane, and Macfarlane, Ferguson, Allison & Kelly, Tampa, for respondents other than Henry Spielberger, Jr.


TERRELL, Justice.

June 10, 1954, Jacob L. Spielberger, hereinafter designated as settlor, executed an inter vivos trust by which he delivered to named trustees $70,000 in mortgages. The trust provided that the settlor receive the income therefrom during his life; that at his death his wife, Pauline Spielberger, should be paid the income from said trust during her life and that at her death, the trust estate be divided in four equal parts and held in trust for each...

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