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Galloway v. Julier

Supreme Court of Florida. Special Division B
Jan 28, 1944
16 So. 2d 434 (Fla. 1944)

Opinion

January 28, 1944

An appeal from the Circuit Court for Taylor County, R.H. Rowe, Judge.

Charles Cook Howell and Charles Cook Howell, Jr., for appellants.

Milam, McIlvane Milam and Robert R. Milam, for William L. Barton, II and Mabel B. McGinnis, and McCarthy, Bond Lane, for Joseph Julier and The Atlantic National Bank of Jacksonville as Executors and Trustees under the Will of Katharine Ella Burton, deceased, appellees.


Joseph Julier and The Atlantic National Bank of Jacksonville are trustees under the last will and testament of Katharine Ella Burton, deceased. A petition has been filed in the Circuit Court of Taylor County for judicial approval of their accounts as Trustees for the years 1939-1941 inclusive. Answers were filed by the remaindermen of the trust, objecting to the accounting and to the method adopted by the trustees for determining what part of receipts to the trust estate should be classified as income to life tenants and what part should be classified as principal to be held in trust for the benefit of the remaindermen. The Circuit Court approved the accounting made by the trustees and the formula or method adopted by them for determining principal and income. This appeal is from that decree.

This is but another, and later phase, of the trust proceedings dealt with in Wallace, et al., v. Julier, et al., 147 Fla. 420, 3 So.2d 711. The method or formula adopted by the trustees for allocation of principal and income from the receipts of the trust estate to life tenants and remaindermen was discussed and approved in that case. We think that what was said there is applicable, and controlling, in the present controversy. The decree appealed from is affirmed, on authority of Wallace, et al., v. Julier, et al., 147 Fla. 420, 3 So.2d 711.

It is so ordered.

BUFORD, C. J., CHAPMAN, THOMAS and SEBRING, JJ., concur.


Summaries of

Galloway v. Julier

Supreme Court of Florida. Special Division B
Jan 28, 1944
16 So. 2d 434 (Fla. 1944)
Case details for

Galloway v. Julier

Case Details

Full title:BALDWIN GALLOWAY, et al., v. JOSEPH JULIER, et al

Court:Supreme Court of Florida. Special Division B

Date published: Jan 28, 1944

Citations

16 So. 2d 434 (Fla. 1944)
16 So. 2d 434