Brown v. Miller
District Court of Appeal of Florida
2 So. 3d 321 (Fla. App. 2008)
Elinor Miller established a trust (Trust A-2), naming Thomas W. Miller, Jr. (Bill) as trustee. The trust language specified that Bill would receive all net income for his lifetime, and allowed for payments from the trust principal to Bill upon his request. It also gave Bill the power to appoint, through his will, the beneficiary of the remaining balance of the trust property upon his death. Any balance not appointed was to be held in trust for Elinor’s son, Thomas W. Miller, III (Tom). Elinor passed away in 1999. Up until January 25, 2002, Bill transferred about $420,000.00 to himself and others. On January 25, 2002, Bill transferred the remaining balance of about $7 million to the Thomas W. Miller, Jr., Trust (Bill Miller Trust). Bill passed away in 2004. Tom brought suit against Bill’s estate and the trustees of the Bill Miller Trust, seeking to invalidate the $7 million transfer. The trial court granted Tom summary judgment, finding the transfer was improper because: (1) the trust language limited transfers to her husband; (2) it was not consistent with the trust language allowing transfers “from time to time;” and (3) it violated Bill’s duty to act in good faith by protecting the interests of the trust’s remaindermen.
Rule of Law
Holding and Reasoning (Evander, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.