BERNICE COHEN AND SALLY FRIEDLAND, APPELLANTS,
v.
GEORGE FRIEDLAND AND SYLVAN M. COHEN, APPELLEES
BERNICE COHEN AND SALLY FRIEDLAND, APPELLANTS,
GEORGE FRIEDLAND AND SYLVAN M. COHEN, APPELLEES
447 So. 2d 896
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In a judicial proceeding instituted by the settlor to revoke a trust, the alleged failure of the trustee to take a position in response to the court’s inquiry as to whether he wishes to continue as trustee does not constitute a failure by the trustee to discharge his fiduciary duties. If it were necessary to reach the factual question, the evidence shows clearly by the trustee’s own testimony that he has “exercised and will continue to exercise his best judgment” in accordance with the trust agreement. Further, it affirmatively appears that there is no other basis for removal of the trustee.
The order discharging the trustee and dissolving the trust is reversed; the cause is remanded with instructions to enter judgment for appellants.
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Citator
Cited By
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Sylvan M. Cohen v. Friedland, 450 So. 2d 905 (Fla. 3d DCA 1984)…PER CURIAM. In Cohen v. Friedland, 447 So. 2d 896 (Fla. 3d DCA 1983), we reversed a decision of the Circuit Court. General Jurisdiction Division which removed appellant Cohen as co-trustee of the George Friedland trust.1 [*906] Rose Friedland (the sixth wife of the beneficiary, George Friedland) su…