DeRoche v. Mitchell

McNULTY, Chief Judge.

Appellants Marie Pfaff DeRoche and Leonard M. DeRoche, as joint executors of the Estate of LeRoy DeRoche, deceased, appeal from an order construing the testator’s will as creating a precatory trust giving appellee, Violet Mitchell, a life estate in a mobile home and lot. We think the trial court erred in such construction and reverse.

The following circumstances existed both at the time of the will’s execution and at the testator’s death. Testator was the sole owner of the mobile home which was located on a lot owned by Venice Bay Trailer Park, Inc. Testator also owned…