BIELEY v. BIELEY

No. 79-1941.

398 So.2d 932 (1981)

Alfred D. BIELEY, Individually and As Trustee, Appellant, v. Peggy M. BIELEY, Individually and As Trustee, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 5, 1981.


Attorney(s) appearing for the Case

Ponzoli & Wassenberg and Ronald P. Ponzoli, Miami, for appellant.

Gelb & Spatz and Monroe Gelb, Miami, for appellee.

Before SCHWARTZ, BASKIN and DANIEL S. PEARSON, JJ.


BASKIN, Judge.

Whether a trial judge in a dissolution proceeding may amend provisions of an existing irrevocable trust established by the parties for the benefit of their son is the question presented in this appeal. In an action brought to enforce the trust amendment, the court ordered invasion of the trust corpus in order to gain additional funds for the beneficiary's education. We hold that the court correctly enforced the amendment; however, we find error in the...

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