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FLINN v. VAN DEVERE

Nos. 86-64, 86-86.

502 So.2d 454 (1986)

David FLINN, Personal Representative and Lucy V. Flinn and David Flinn, Appellants, v. S. Grant VAN DEVERE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 10, 1987.

Attorney(s) appearing for the Case

Joseph Z. Fleming, Miami, for appellant David Flinn, personal representative. Holland & Knight, Miami, and Julian Clarkson, Tallahassee, and Thomas G. Schultz and Scott B. Newman, Miami, for appellants Lucy V. Flinn and David Flinn.

Patton & Kanner and Robert W. Stewart and Cromwell A. Anderson, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

The trial court determined that realty owned by Ms. Van Devere was not validly transferred to a trust she established during her lifetime and thus remained an estate asset and that the property passed under the residuary clause of her will rather than the trust. We affirm.

I

Ms. Van Devere's execution of a form instrument creating a standard inter vivos "living trust" of property...

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