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WEINSTEIN v. MACKEY

Nos. 80-2257, 80-2348.

408 So.2d 849 (1982)

Matthew WEINSTEIN, As Guardian Ad Litem of the Unborn Children of David L. Mackey, Etc., and Security Trust Company and Eric C. Van Enter, As Trustees of Trust under Modified Trust Agreement of Ella C. Levis, Appellants, v. Leslie L. MACKEY, a Minor, Jennifer L. Mackey, a Minor, David L. Mackey, Jr., a Minor, and Kirk B. Mackey, a Minor, Appellees.

District Court of Appeal of Florida, Third District.

January 26, 1982.

Attorney(s) appearing for the Case

Matt Weinstein, South Miami, Hyzer, Knight & Lund and Eric C. Van Enter and George L. Knight, Miami, for appellants.

Giles, Hedrick & Robinson and Eugene B. Cawood, Orlando, for appellees.

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

SCHWARTZ, Judge.

In 1973, Ella Levis executed a modified trust agreement which in part provided that after her death, the net income from a specified portion of the corpus, which consisted entirely of personalty, was to be paid "for the duration of their natural lives" to her nephew Dr. David L. Mackey and his wife, Shirley R. Mackey. Upon the death of the survivor of the Mackeys, the principal of their share was to be distributed to Dr. Mackey's children "including...

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