HomeMy WebLinkAbout1234 The nine great-granddaughters of Donar porothy Binney
Palmer in being at the present time, al'_ ~-':z=:;: as e r~3.:±~~~, ha~e
been named as party defendants. Ri::hard t~:ill, a membex of t?+s
Florida Bar, has been appointed Guardian Ad Litem for the~e minor
defendants, plus a:~y other persons, known ox unknown. born or un-
born, who might have an incerest in this Trust. Notice of action
as to any unknown paxties has been duly published as required by
law.
In his complaint, the T~custee asks for Declaratory Judgment
as to the following:
1. Whether the Trust as originally written cor.fers
up~n the Trustee legal authority to distribute principal
assets from time to time prior to the termination of
the Trust?
2. Whether Amendment No. 1 to the Trust is effective
legally in view of the limitation upon the right af
revocation or termination of Trust prior to ten (10)
years of the date-of Trust, as provided therein; and
whether Amendment No. 1 confers upon Trustee thE legal
authority to distribute principal assets from time to
time prior to termination of the Trust.
3. Whether Trustee from time to time may make principal
asset distribution from the Trust to one or more of
~ the beneficiaries, Trustee retaining the praper pro-
portionate share of such prir,cipaZ assets for the
remaining one or more of the beneficiaries or classes
of beneficiaYies until termination of the Trust.
The Guardian Ad Litum in his azswer contends that Amendment
No. 1 to the Trust is invalid and ineffective as being in direct con-
flict with the terms of the Trust. He argues that to permit the
distribution of principal assets would defeat the intent of the
Trust as such distribution wauld, ~n effect, permit termination of
the Trust prior to the time set for termination. He all~ges that all
- interestzd parties to the Trust have not consented to the termination
of the Trust.
This matter is before the Court upon Motion for Summary
Judgment. Both the Plaintiff and the Guardian Ad Lit•.im agree that
there is no aenuine issue as to any material fact.
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