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DARIAN v. WEYMOUTH

No. 4D10-550.

76 So.3d 15 (2011)

Andrew DARIAN, as Personal Representative of the Estate of James E. Hughes, Deceased, and as Successor Trustee under the James F. Hughes Living Trust dated August 17, 2000, Appellant, v. Elizabeth Ann WEYMOUTH, as Personal Representative of the Estate of Martha Mayfield Hughes, Deceased, Jean McCarthy, Raymond Hughes, James P. Hughes, William Hughes, William and Felicia Hughes, as Natural Guardians for Hannah Joy Hughes, a Minor, Morgan Darian, Andrew and Shea Darian, as Natural Guardians for Willa Darian, a Minor, Vanessa Hughes, Jacqueline McCarthy, Peter McCarthy, Emma J. Hughes, Nicoletta Calhoun, Alexis Janito and Ursula West, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 12, 2012.

Attorney(s) appearing for the Case

Keith T. Grumer and Maidenly Macaluso of Grumer & Mccaluso, P.A., Fort Lauderdale, for appellant.

John H. Pelzer of Ruden McClosky P.A., Fort Lauderdale, for appellees.

PER CURIAM.

Andrew Darian, personal representative of the estate of his father, James E. Hughes, and trustee of the James E. Hughes Living Trust, appeals a final summary judgment entered in favor of Elizabeth Ann Weymouth, personal representative of the estate of her mother, Martha Mayfield Hughes. The probate court ruled that Mrs. Hughes' interest under the Hughes Trust vested upon the creation of the Trust and did not lapse upon her death. Accordingly, the probate...

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