Railey v. Skaggs

SWANN, Judge.

This interlocutory appeal is from a Circuit Court order which denied a motion to dismiss a complaint for construction of the will of Fleming G. Railey, deceased.

This litigation originally began when Lilburn R. Railey, Jr. a beneficiary of a trust created by the will, filed a petition, ultimately amended, in the Circuit Court of Dade County, Florida. In Count One Railey sought a construction of the terms of one of the trusts created by the will. In Count Two he prayed that the court determine that the Trustees named in the will had wrongfully abused their discretionary powers;…