First National Bank of Miami v. Landis

In a proceeding under Chapter 737, Fla. Stat., F.S.A., the chancellor entered an order which, inter alia, determined that the appellant bank was qualified to act as a co-trustee under the last will and testament of the deceased, and that “this court be notified and rule upon any requested invasion or distribution of trust corpus prior to such invasion and/or distribution.” It is from this latter portion of the chancellor’s order that this appeal has been taken.

A portion of the last will and testament of the deceased provided in substance that the trustees could encroach upon the principal of…