IN RE WILL OF MARTELL

No. 83-1989.

457 So.2d 1064 (1984)

In re Trust under WILL OF Louis J. MARTELL, Deceased.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 3, 1984.


Attorney(s) appearing for the Case

David A. Vukelja of Coble, McKinnon, Rothert, Barkin, Vukelja & Godbee, P.A., Daytona Beach, for appellants.

Wm. Fletcher Belcher, St. Petersburg, and William Griffin of Law Offices of Stone & Griffin, St. Petersburg, for appellee.


GRIMES, Judge.

This case examines the law applicable in construing the terms and provisions controlling the ultimate determination of trust beneficiaries under a testamentary trust.

Louis J. Martell executed his will on July 31, 1970. Article 4 of the will created a testamentary trust which named eight beneficiaries, including Arthur J. Landry. The trust generally provided for the payment of income to each beneficiary until the youngest attained age forty...

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