GOLDMAN v. MANDELL

No. 81-119.

403 So.2d 511 (1981)

Evelyn H. GOLDMAN, Individually and As the Personal Representative of the Estate of Russell J. Goldman, Appellant, v. Jack MANDELL, Individually, Jack Mandell and Doris Mandell, His Wife, and Flagship Bank of Tampa, a Florida Banking Corporation, As the Personal Representative of the Estate of Roald A. Jacobsen, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 14, 1981.


Attorney(s) appearing for the Case

Ted R. Manry, III, and Charlie Luckie, Jr., of MacFarlane, Ferguson, Allison & Kelly, and Richard W. Reeves, Tampa, for appellant.

Ronald A. Cyril and Omer S. Causey of Nelson, Hesse, Cyril, Weber, Smith & Widman, Sarasota, for appellees.

Patrick T. Christiansen and Robert W. Wattwood of Akerman, Senterfitt & Eidson, Orlando, for amicus curiae, The Real Property, Probate and Trust Law Section of The Florida Bar, John Arthur Jones, Chairman.


COBB, Judge.

The issue raised in this appeal is whether the assignment of an interest in an Illinois land trust created in accordance with section 689.071, Florida Statutes, must be witnessed by two witnesses in accordance with the provisions of section 689.06, Florida Statutes. We hold that section 689.06 does not apply and no witnesses are required.

On December 15, 1965, Roald Jacobsen executed a land trust agreement in which he agreed to hold the title...

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