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MORTON v. MORTON

Nos. 73-784, 73-889.

307 So.2d 835 (1975)

Richard MORTON and Alan Morton, As Co-Executors of the Estate of James Morton, Deceased, Appellants, v. Emil MORTON, Individually and As Trustee, et al., Appellees. Lawrence MORTON et al., Appellants, v. Emil MORTON, Individually and As Trustee, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 26, 1975.

Attorney(s) appearing for the Case

Frates, Floyd, Pearson, Stewart, Proenza & Richman, Lapidus & Hollander, Miami, for appellants.

Sibley, Giblin, Levenson & Ward, Miami Beach, for appellees.

Before HENDRY and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

CHARLES CARROLL, Associate Judge.

This is an appeal from a summary declaratory judgment, determining the effect to be given to a provision of a contract, if and when a contingency not covered by the terms thereof should happen.1

The contract was entered into on December 22, 1959, between Emil Morton, as trustee, Lawrence Morton, James Morton, Richard Morton, Alan Morton, Janice Newman and Robert Newman, being the several owners...

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