Swan v. Florida National Bank of Miami

BASKIN, Judge.

Colonel Gibson and Mrs. Gibson executed mutual wills. Colonel Gibson’s will provided that should he be predeceased by his wife, his estate, including real property in Coral Gables, would become part of a trust established in his wife’s will. Mrs. Gibson predeceased the Colonel. Although Mrs. Gibson’s original will contained a testamentary trust, she subsequently executed five wills which omitted the testamentary trust. After the Colonel’s death, the trial court entered the order appealed, holding that the Colonel’s estate should be distributed according to the laws of intestacy.…