ROSOFF v. HARDING

No. 4D04-725.

901 So.2d 1006 (2005)

Arnold ROSOFF and Merrill Lynch Trust Company, as Personal Representatives of the Estate of Teresa Rosoff; and Arnold Rosoff and Merrill Lynch Trust Company, as Trustees of the Teresa M. Rosoff Revocable Trust, Appellants, v. Doreen HARDING, Appellee.

District Court of Appeal of Florida, Fourth District.

May 18, 2005.


Attorney(s) appearing for the Case

James R. George and Carrie S. Robinson of Ruden, McClosky, Smith, Schuster & Russell, P.A., and Mark R. Manceri of Mark R. Manceri, P.A., Fort Lauderdale, for appellants.

George Elias, Jr., Miami and Christine M. Moreno of Christine M. Moreno, P.A., Stuart, for appellee.


WARNER, J.

The issue in this appeal involves the application of the doctrine of dependent relative revocation to a will in which the decedent failed to exercise a power of appointment in accordance with its terms. Appellant claims that the court should apply the doctrine to revive the clause of a prior will in which the power was also exercised. Because it is not shown from the testamentary documents before the court that the testator preferred the prior exercise...

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