ST. CLAIR DAVANT
v.
THE CITY OF BROOKSVILLE
ST. CLAIR DAVANT
THE CITY OF BROOKSVILLE
142 Fla. 781
Florida Supreme Court (1940)
Positive Treatment
Also reported at: 196 So. 299
Cited by 3 cases
Opinion of the Court
The appeal in this cause has been submitted upon the transcript of the record, and the briefs *782and oral arguments of counsel for the respective parties. After due consideration the Court is of the opinion that no reversible error is made to appear and the decree appealed from is hereby affirmed.
Affirmed.
Whitfield, P. J., and Brown and Chapman, J. J., concur.
Buford, J., concurs in opinion and judgment.
Chief Justice Terrell and Justice Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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In re Est. of Ruth Y. Stewart v. Manley P. Caldwell C. T. A. of the Estate of Ruth Y. Stewart, 271 So. 2d 754 (Fla. 1972)…it is then a power coupled with an interest. A distinguishing feature of a naked power not coupled with an interest is that every prerequisite to the exercise of such power must be strictly observed.” . Phipps v. Palm Beach Trust Co., 142 Fla. 782, 196 So. 299 (1940). . Sims & Smith, Future Interest § 876 (2nd Ed. 1956). . 62 Am.Jur.2d Powers § 7: “To create a valid power, either beneficial or in trust, it is indispensable that the object or objects to be benefited by its execution shall be specified in…
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Ammeen v. Sjogren (Fla. 1st DCA 2021)…J.A. and A.A. were only permissible appointees, not beneficiaries, while Kirsten was alive. As the holder of a limited power of appointment, Kirsten could appoint among a specified class or class of individuals. See Phipps v. Palm Beach Tr. Co., 196 So. 299, 301 (Fla. 1940). The class of persons included her issue, J.A. and A.A., who were permissible appointees. The class could have expanded had Kirsten had more children by birth or adoption. See Dennis v. Kline, 120 So. 3d 11, 18–19 (Fla. 4th DCA 2…