Preston v. City National Bank of Miami

This appeal is by the plaintiff below from an order granting motions of defendants to dismiss, and dismissing the complaint with prejudice, and denying plaintiffs application for leave to file an amended complaint. We find error, and reverse.

The complaint, filed February 24, 1971, showed that in 1946 plaintiff’s mother executed an irrevocable trust by a written instrument. Thereunder $48,000 was placed in trust, with provision for the income therefrom to be paid to the plaintiff during her life; and that upon death of the plaintiff the principal should be paid to her living descendants, if…