Florida District Courts of Appeal, 1970

In re Trust Under Will of Kisker

In re Trust Under Will of Kisker
Florida District Courts of Appeal · Decided November 4, 1970 · Cooper, Reed, Richard, Walden
240 So. 2d 500 (Southern Reporter, Second Series)

In re Trust Under Will of Kisker

Dissenting Opinion

WALDEN, Judge

(dissenting) :

It is my view that the will was unambiguous and that by its provisos the trust in question vested at the death of the testator in the grandchildren then in being.

I would reverse.

Opinion of the Court

PER CURIAM.

We have thoroughly reviewed the point presented for our review by the appellant’s brief and the pertinent portions of the record. On the basis thereof we are of the opinion that no error has been demonstrated by the appellant. The judgment appealed from is affirmed.

Affirmed.

REED, J., and COOPER, RICHARD H., Associate Judge, concur. WALDEN, J., dissents with opinion.

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