ALTER v. ZUCKERMAN

No. 89-2209.

585 So.2d 303 (1991)

Jack ALTER, Individually and As Trustee, Appellant, v. Sharon ZUCKERMAN and Beverly Kanter, Appellees.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing September 17, 1991.


Attorney(s) appearing for the Case

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel Eaton, Miami, for appellant.

Steel, Hector, Davis, Burns & Middleton and Robert W. Goldman, West Palm Beach, for appellees.

Before HUBBART, COPE and LEVY, JJ.


COPE, Judge.

Jack Alter appeals an adverse summary final judgment. The judgment determined that an inter vivos trust created by the decedent, Celia Kahn, was ineffective to transfer the trust corpus to Alter on her demise. As a result, the trust assets were held to be part of Kahn's probate estate, and pass through the residuary clause of the will. We reverse.

I.

In 1977 and 1980, Kahn made two wills which left the majority of her assets to her nephew...

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