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FIRST UNION NAT. BK. OF FLA. v. FRUMKIN

No. 94-2814.

659 So.2d 463 (1995)

FIRST UNION NATIONAL BANK OF FLORIDA, N.A., Trustee of the Alfred Frumkin Trust U/W Rose Frumkin dated june 21, 1988, Appellant, v. Alfred FRUMKIN, Judy Cummins, Erwin Mautner, Beneficiaries of the Alfred Frumkin Trust Under the Will of Rose Frumkin Dated June 21, 1988, Richard Levenstein, father and Natural Guardian of Lauren Levenstein and Gabriel Frumkin, Appellees.

District Court of Appeal of Florida, Third District.

August 23, 1995.

Attorney(s) appearing for the Case

Atkinson, Diner, Stone, Black & Mankuta and Douglas Kniskern, Hollywood; Brumer, Cohen, Logan, Kandell & Kaufman, and Judson L. Cohen and Marc L. Brumer, Miami, for appellant.

Baker, Donelson, Bearman & Caldwell and Paul T. Coleman, Knoxville, TN, for appellees.

Before BARKDULL, COPE and GREEN, JJ.

PER CURIAM.

The trustee of a testamentary trust and unnamed contingent beneficiaries appeal the trial court's construction of two conflicting provisions of a testament trust contained in a will based upon parol evidence. We find no error in the trial court's reliance upon parol evidence to ascertain the testator's intent in an effort to resolve the conflict. Nor do we find error in the court's construction of the general...

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