Barnett First National Bank of Jacksonville v. Cobden
Florida District Court of Appeal
393 So. 2d 78 (1981)
- Written by Tammy Boggs, JD
Facts
John Cobden created a testamentary trust in his will. In a codicil to the will, John appointed his wife, Elizabeth Cobden, and his brother Edward Cobden (plaintiff) as cotrustees of the trust. John’s codicil further provided that should “either of said Executors or Trustees predecease me or fail to serve as . . . Trustee or having served they should then die, I do hereby appoint the Barnett First National Bank of Jacksonville, Florida” (the bank) (defendant) as the successor trustee. In 1979, John died. Elizabeth and Edward served as cotrustees. In 1980, Elizabeth was adjudicated as incompetent. Thereafter, Edward petitioned the court to appoint John Turney as cotrustee. There was no evidence regarding the relationship between John Cobden and Turney. Edward’s position was that Elizabeth had served as cotrustee but had not died and thus the conditions for appointing the bank as successor trustee had not occurred. The bank argued that John apparently wished for the bank to succeed as cotrustee if for some reason either Elizabeth or Edward could not serve or continue to serve. The trial court appointed Turney as cotrustee, and the bank appealed.
Rule of Law
Issue
Holding and Reasoning (Upchurch Jr., J.)
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