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TIMMONS v. INGRAHM

No. 5D08-4103.

36 So.3d 861 (2010)

Frank G. TIMMONS, Jr. and Jacquelyn Timmons Forman, Appellants, v. Myrtle Timmons INGRAHM, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

June 4, 2010.

Attorney(s) appearing for the Case

Frank M. Bedell and James Edward Cheek, of Winderweedle, Haines, Ward & Woodman, P.A., Orlando, for Appellants.

J. Steven Garthe and Carly R. Fishpaugh, of Heebner, Baggett, Upchurch & Garthe, P.L., Daytona Beach, for Appellees.

EVANDER, J.

Frank G. Timmons, Jr., and Jacquelyn Timmons Forman (hereinafter jointly referred to as "the Timmons") appeal from a final summary judgment entered in favor of co-trustees Myrtle Timmons Ingrahm and David Carter. We find that the trial court erred in failing to accord the term "lineal descendants" its legal definition in determining the intent of the testator/settlor, Frank Timmons, Sr. ("Frank Sr.") Accordingly, we reverse the summary final judgment entered...

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