IN RE WILL OF ASTON

No. 71-640.

262 So.2d 246 (1972)

In re Trust under the WILL OF Fred A. ASTON, Deceased.

District Court of Appeal of Florida, Fourth District.

May 12, 1972.


Attorney(s) appearing for the Case

Charles Lea Hume of Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, for appellants, Jayne M. Aston and John W. Aston.

Charles P. Sacher of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for Appellee, Fred A. Aston, III.


REED, Chief Judge.

The issue on appeal is whether or not the trial judge erred in striking amended motions for relief under Rule 1.540(b), RCP, 31 F.S.A., one of which was filed by appellant Jayne Aston on 18 May 1971 and the other by appellant John Aston on 24 May 1971.

Jayne M. Aston as trustee of a testamentary trust established by the will of Fred A. Aston filed an "Amended Petition for Construction of Will" in the Circuit Court for Broward County, Florida...

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