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IN RE WILL OF WICKMAN

No. 72-577.

289 So.2d 788 (1974)

In re Trust under the WILL OF Carl Robert WICKMAN, Deceased. Carl Victor WICKMAN and Robin Leif Wickman, Appellants, v. Elizabeth W. McGRAW et al., Appellees.

District Court of Appeal of Florida, Second District.

February 13, 1974.

Attorney(s) appearing for the Case

Owen Rice, Jr., and Joe H. Mount of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellants.

Carleton L. Weidemeyer of Wightman, Rowe, Weidemeyer & Jones and Frank Logan of McMullen, Everett, Logan, Marquardt & Cline, Clearwater, for appellees.

MANN, Chief Judge.

"The most fundamental duty owed by the trustee to the beneficiaries of the trust is the duty of loyalty." 2 Scott, Trusts (3d ed) § 170.

Carl Robert Wickman died in 1960. His widow and attorney were named executors of his will and trustees of a testamentary trust. The will left one-third of the estate to the widow and two-thirds to the trust, the widow being entitled to the trust income for life, and the sons to the remainder...

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