Legal Opinion

In re Trust Under the Last Will & Testament of Hennes

District Court of Appeal of Florida

Decided November 6, 1970No. 70-350PublishedCited by 1 opinion

1Opinion of the Court

WALDEN, Judge.

This is a will construction case.

The residuary clause of the will provided :

“To the First National Bank at Orlando, Orlando, Florida, in Trust, Nevertheless, for the benefit, care, comfort, maintenance and education of the heirs of the body of my said nephew, MILES LLOYD MINOR, who are:

1. Patricia Minor

2. Beverly Minor

3. Danny Minor

4. Heidy Minor”

Was this a testamentary disposition to individuals or was it to a class? Upon appropriate presentation, the trial court *860determined that it was to a class. We affirm.

The will was executed in 1964, • and never changed. In 1965, an…

2Cases cited5 opinions

  1. Roberts v. MoselySupreme Court of Florida · 1930
  2. Husson v. BenselSupreme Court of Florida · 1936
  3. Roberts v. TamworthSupreme Court of New Hampshire · 1950
  4. In Re: Barrett Estate v. CookeSupreme Court of Florida · 1948
  5. Fulkerson v. FitchDistrict Court of Appeal of Florida · 1962

3Cited by1 opinion

  1. In Re Estate of ClarkeSupreme Court of Pennsylvania · 1975

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