First Union National Bank of Florida, N.A. v. Frumkin

The trustee of a testamentary trust and unnamed contingent beneficiaries appeal the trial court’s construction of two conflicting provisions of a testament trust contained in a will based upon parol evidence. We find no error in the trial court’s reliance upon parol evidence to ascertain the testator’s intent in an effort to resolve the conflict. Nor do we find error in the court’s construction of the general intent but in our view the court’s construction must be more narrowly limited to conform with the evidence adduced below. We therefore affirm as modified herein.

Rose Frumkin, the…