FERRELL-FRENCH v. FERRELL

Nos. 96-0010, 96-0280.

691 So.2d 500 (1997)

Patricia FERRELL-FRENCH, Appellant, v. Robert W. FERRELL, Jr., M.D., Maribel Sharkoff, and Northern Trust Bank of Florida, N.A., as Personal Representative of the Estate of Robert W. Ferrell, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification of Question Denied April 21, 1997.


Attorney(s) appearing for the Case

Fred W. Mattlin, Gordon A. Dieterle, and Genie Lamos of Mattlin & McClosky, Boca Raton, for appellant.

David A. Riggs and Robert J. Hunt of Hunt, Cook, Riggs, Mehr & Miller, P.A., Boca Raton, for appellees-Robert W. Ferrell, Jr., M.D., and Maribel Sharkoff.

Michael J. Garavaglia of Collins, Brown, Caldwell, Barkett, Rossway, Garavaglia & Moore, Vero Beach, for appellee-Northern Trust Bank of Florida, N.A.


KLEIN, Judge.

Mary Jane Ferrell, who died in 1974, gave her husband a power of appointment to be exercised by will, instructing him to divide trust assets "among my descendants in such manner and in such unequal proportions as he shall see fit." Mary's husband, Robert, who died in 1995, exercised the power of appointment and excluded one of their daughters. The daughter, Patricia, filed this suit, claiming she could not be excluded and that the exercise of the power...

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