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TERNER v. RAND

No. 81-1433.

417 So.2d 303 (1982)

Jack L. TERNER, Appellant, v. Freda RAND, As Personal Representative of the Estate of Ruth C. Terner, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

July 27, 1982.

Attorney(s) appearing for the Case

Keith, Mack, Lewis & Allison and Gisela Cardonne and Edgar Lewis, Miami, for appellant.

Fine, Jacobson, Block, Klein, Colan & Simon and Theodore Klein and Linda Ann Wells, Miami, for appellee.

Before DANIEL PEARSON and FERGUSON, JJ., and OWEN, WILLIAM C., Jr. (Ret.), Associate Judge.

FERGUSON, Judge.

Owner of a Totten Trust may revoke it by any decisive act of disaffirmance. In Re Totten, 179 N.Y. 112, 71 N.E. 748 (N.Y.Ct.App. 1904). See also Litsey v. First Federal Savings & Loan Association of Tampa, 243 So.2d 239 (Fla.2d DCA 1971) (though Totten Trust may be revoked by any decisive act of disaffirmance, burden on one seeking to prove revocation by oral statements alone is exceedingly heavy...

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