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LUMBERT v. ESTATE OF CARTER

No. 5D03-772.

867 So.2d 1175 (2004)

Christopher J. LUMBERT, Appellant, v. ESTATE OF Molly Joy Gay CARTER, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 26, 2004.

Attorney(s) appearing for the Case

Charles D. Hood, Jr., and K. Judith Lane, Smith, Hood, Perkins, Loucks, Stout & Orfinger, P.A., Daytona Beach, for Appellant.

Donald E. Hawkins and David A. Burt of Hawkins, Hawkins & Burt, LLP., Daytona Beach, for Appellee.

SHARP, W., J.

Christopher Lumbert appeals from an order of the probate court which ruled that the proper beneficiaries under Molly Joy Carter's testamentary trust, which was established in her will, were Carter's brothers and sister rather than Carter's deceased daughter's (Lisa Lumbert) estate, of which he was the beneficiary. The trial court reasoned that because Lisa died without children surviving her or having exercised a power of appointment given her by the...

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