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BACON v. MARDEN

No. 86-1497.

518 So.2d 925 (1987)

Lou BACON, as Personal Representative of the Estate of Gertrude Bacon, Deceased, Appellant, v. Jon MARDEN and Jay Marden, Individually, and As Trustees, and Bertha Claire Lee, As Purported Trustee, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 3, 1988.

Attorney(s) appearing for the Case

Shutts & Bowen and Andrew L. Gordon and Baron J. Drexel, for appellant.

Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh and Charles H. Johnson and Gary S. Betensky, for appellees.

Before HUBBART, NESBITT and FERGUSON, JJ.

PER CURIAM.

We affirm the trial court's order dismissing count one of Lou Bacon's complaint and its order entering an involuntary dismissal of count two in favor of Jon-Marden and Jay Marden, individually, and as trustees, and of Bertha Claire Lee, as trustee. The trial court correctly determined that the settlor's contrary intent, as demonstrated by the clear and unambiguous language of the trust, supersedes the trustees' duty to produce income for the income beneficiary...

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