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COHEN v. SEITNER

No. A-253.

108 So.2d 310 (1959)

Nellie Mae COHEN, individually and as Executrix of the Will of Halle Cohen, deceased, Appellant, v. Minna SEITNER and Jack E. Seitner, as Trustees under the Will of Hattie E. Cohen, deceased, Minna Seitner, individually, Marie Fox Hirsch and Harriett Zacharias Miller, Appellees.

District Court of Appeal of Florida. First District.

On Petition for Modification and Clarification of Opinion February 3, 1959.

Attorney(s) appearing for the Case

J. Palmer Williams, Frank Thompson and Bedell & Bedell, Jacksonville, for appellant.

Reinstine, Reinstine & Panken, Jacksonville, for appellees.

Loftin & Wahl, Jacksonville, for Harriett Zacharias Miller.

PER CURIAM.

This is an appeal from a final decree of the Circuit Court for Duval County dismissing the complaint filed by the appellant, the heir and executrix of a deceased beneficiary under a certain testamentary trust, claiming that the trust was terminable because its provisions constituted an unreasonable restraint upon alienation, a theory rejected by the court in the decree. On appeal the appellant shifted to a new theory, not raised in the complaint nor passed...

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