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BARNETT BANKS TRUST CO., N.A. v. HERR

No. 88-2839.

546 So.2d 755 (1989)

BARNETT BANKS TRUST COMPANY, N.A., Appellant, v. Lois Rene HERR, Appellee.

District Court of Appeal of Florida, Third District.

July 11, 1989.

Attorney(s) appearing for the Case

Gustafson, Stephens, Ferris, Forman & Hall and Casey W. Mills and Gerald L. Knight, Ft. Lauderdale, for appellant.

Richard M. Gale, Miami, Daniel C. George, North Miami, and Aylin Fraxedas, Miami Lakes, and Mervyn L. Ames, for appellee.

Before HUBBART, LEVY and GERSTEN, JJ.

PER CURIAM.

This is an appeal by the trustee of a residuary trust created by a will [Barnett Banks Trust Co., N.A.] from a final declaratory judgment construing a provision of the subject trust. The trust provision in the will provided:

"The Trustee shall pay to or for the benefit of my wife such part of the principal of the Residuary Trust as the Trustee, in its discretion, shall consider necessary or advisable for her health, maintenance and support, taking...

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