Willman v. Phelps

GUNN, Judge.

The subject of this appeal is the trial court’s ruling that funds withdrawn from a Totten Trust for support of the incompetent trustee passed by intestacy on the death of the trustee. The trust beneficiary contends that funds reverted to or remained as part of the trust. The trial court held that by withdrawing the funds to be used for the trustee’s benefit, the beneficiary had rejected the remaining funds and was estopped from asserting any claim to them. We reverse.

Clara Nell Willman had been a childless widow, living alone in a boarding hotel in St. Petersburg. Family contact…