SCHROEDER v. JOHNSON

No. 96-2843.

696 So.2d 498 (1997)

Lynda Russell SCHROEDER and Mark Stenstrom, etc., Appellants, v. Joyce F. JOHNSON, Appellee.

District Court of Appeal of Florida, Fifth District.

July 3, 1997.


Attorney(s) appearing for the Case

Thomas A. Speer of Thomas A. Speer, P.A., and George B. Wallace of George B. Wallace, P.A., Sanford, for Appellants.

R. Edward Cooley of Shepherd, McCabe & Cooley, Longwood, for Appellee.


COBB, Judge.

The appellee, Joyce Johnson, filed her complaint below seeking a declaratory judgment that a lease between herself and the Eleanor C. Russell Inter Vivos Trust provided for perpetual renewals. The lease was prepared by Johnson's attorney and executed by a prior trustee who, at the time, was in federal prison and dying of cancer. That trustee died several months after execution of the lease, and his testimony as to intent was not available at trial. The...

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