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CESSAC v. STEVENS

No. 1D12-5834.

127 So.3d 675 (2013)

Joanne K. CESSAC, and Hal A. Airth, in his Capacity as the Personal Representative of the Estate of Sally K. Christiansen, Appellants, v. Marcia STEVENS; Sharon Peeples; Christopher Evans; Morgan Stanley Trust, N.A., as Co-Trustee of the Stanton P. Kettler Testamentary Trust; Northern Trust, N.A., as Co-Trustee of the Stanton P. Kettler Inter Vivos Trust and Trustee of the Stanton P. Kettler Irrevocable Inter Vivos Trust; Peter Kettler, As Co-Trustee of the Stanton P. Kettler Testamentary Trust and Stanton P. Kettler Inter Vivos Trust; and Orlando Pisegna III, Appellees.

District Court of Appeal of Florida, First District.

November 20, 2013.

Attorney(s) appearing for the Case

George T. Reeves of Davis, Schnitker, Reeves & Browning, P.A., Madison, for Appellants.

Adam L. Morrison and Ernest A. Sellers of Sellers, Taylor & Morrison, P.A., Live Oak, for Appellee Marcia Stevens.

No appearance for other Appellees.

WETHERELL, J.

In this probate case, Appellants seek review of an order determining that the assets in three trusts of which Sally Christiansen (the decedent) was a beneficiary are not the property of the decedent's estate because her will failed to properly exercise the powers of appointment granted by the trusts. Finding no error in the trial court's ruling, we affirm.

The decedent died in January 2011. Her will devised $5,000 to Appellee Sharon Peeples and...

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