Summary
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. Rose Friedland (the sixth wife of the beneficiary, George Friedland) subsequently had herself appointed guardian of the now incompetent George Friedland, then instituted this proceeding on a Rule to Show Cause in the Circuit Court Probate Division to transfer trust assets to a guardianship account.
Summary of this case from Cohen v. FriedlandOpinion
No. 82-2479.
July 12, 1983. Rehearing Denied August 3, 1983.
Appeal from the Circuit Court, Dade County, Moie J.L. Tendrich, J.
Morgan, Lewis Bockius and Paul J. Levine, Miami, for appellants.
Steel, Hector Davis and Arthur J. England, Jr. and Thomas R. Julin, Miami, Steinberg Wohl, Miami Beach, for appellees.
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
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.