IN RE WILL OF BOWEN

No. 70-186.

240 So.2d 318 (1970)

In re Trust under the WILL OF Newell BOWEN, Deceased. William T. BOWEN, and Bessie Bowen, As Executrix of the Last Will and Testament of Cecil Bowen, Sr., Deceased, Appellants, v. MERCANTILE NATIONAL BANK et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 18, 1970.


Attorney(s) appearing for the Case

E. Paul Beatty, Miami, for appellants.

Shutts & Bowen, and Herbert L. Nadeau, Weintraub, Martin, Schwartz & Spector, Miami, for appellees.

Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.


PEARSON, Chief Judge.

A beneficiary and the executrix of a beneficiary of a residuary testamentary trust appeal an order of the circuit court denying their petition for distribution. The distribution sought was the payment of benefits under the trust for the period from the date of the death of the decedent who established the trust to the date of the funding of the trust. The circuit judge found that the testamentary trust...

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