GOLDENTRESTER v. RICHARD

No. 85-354.

498 So.2d 1303 (1986)

Dora Moesevina GOLDENTRESTER and Arcadia Shapiro E., Appellants, v. Melvin J. RICHARD and Elizabeth Hershfield, As Personal Representatives and As Trustees of the Estate of Raymond Goldin, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 13, 1987.


Attorney(s) appearing for the Case

Bernstein, Hodsdon, Tannen & Korn and Harold Tannen, Miami, for appellants.

Richard & Richard and Melvin J. Richard, Miami, for appellees.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.


FERGUSON, Judge.

Appellants, primary beneficiaries under a will, bring this appeal from an order which vacates a prior order of distribution and orders the Personal Representatives to distribute estate assets to an "alternative beneficiary" on a holding that distribution to the primary beneficiaries is impossible. We reverse.

We specifically address two issues: (1) whether the exercise of the discretion given to trustees under a will to determine if a bequest...

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