IN RE ESTATE OF GILBERT

No. 90-03164.

585 So.2d 970 (1991)

In re ESTATE OF Patricia Stuart GILBERT. Harry H. STUART, Edward J. Willi, and Bankers Trust Company of Florida, N.A., As Trustees under Will of Patricia Stuart Gilbert, Margaret Stuart Graupner, As Trustee of the Margaret Stuart Graupner Trust, and Harry H. Stuart, As Personal Representative of the Estate of Patricia Stuart Gilbert, Appellants, v. The SOCIETY OF THE NEW YORK HOSPITAL, INC., a/K/a the New York Hospital, Sarasota County Public Hospital Sarasota County Public Hospital Board (a/K/a Memorial Hospital), Children's Hospital of Los Angeles, American Friends Service Committee, American Red Cross, Bellevue Christian School, Boys' Club of Sarasota, Childrens Hospital of San Francisco, Church of the Redeemer, Girls' Club of Sarasota, Guide Dogs for the Blind, Inc., Happiness House Rehabilitation Center, Inc. Mills College, National Parkinson's Foundation, Inc., East Bay Community Foundation, the Salvation Army, St. Thomas Episcopal Church, Sarasota Welfare Home, Inc., Wycliffe Bible Translators, Inc., Sarasota Family YMCA (a/K/a Young Men's Christian Association), and Young Musicians Program at the University of California, and Fellowship of Christian Athletes, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 19, 1991.


Attorney(s) appearing for the Case

Barry F. Spivey of Dart, Ford, Strelec & Spivey, P.A., Sarasota, for appellants.

John Patterson and Vickie L. Shesler of Livingston, Patterson & Strickland, P.A., Sarasota, for appellees Guide Dogs For The Blind, East Bay Community Foundation, and Girls Clubs of Sarasota, n/k/a Girls Inc. of Sarasota County.

Robert M. Winick, Sarasota, for appellee Children's Hosp. of Los Angeles.

A. Lamar Matthews, Steven D. Hutton, Jeffrey A. Grebe, and Arthur S. Hardy of Williams, Parker, Harrison, Dietz & Getzen, Sarasota, for appellees Sarasota County Public Hosp. Bd. (a/k/a) Memorial Hosp.), The Soc. of the New York Hosp., Inc. (a/k/a New York Hosp.), Sarasota Family YMCA, Inc. (a/k/a Young Men's Christian Ass'n), Boys Club of Sarasota County, Inc. (a/k/a Boys Club of Sarasota), and Happiness House Rehabilitative Center, Inc.

L. Howard Payne and Joseph P. Kuss of Isphording, Korp, Payne, Muirhead, White & Horlick, Sarasota, for appellee American Red Cross.


FRANK, Judge.

The personal representative and residuary beneficiaries of the estate of Patricia Stuart Gilbert have appealed from a judgment entered on a petition for the construction of a will. The trial court held that certain charitable beneficiaries were entitled to share in the income earned during administration of the estate, in accordance with section 738.05(2)(b), Florida Statutes (1989). We reverse.

The question presented here is whether or not the...

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