Contella v. Contella
Florida District Court of Appeal
559 So. 2d 1217 (1990)
- Written by Liz Nakamura, JD
Facts
Leonard Contella (plaintiff) was the life-income beneficiary of an irrevocable spendthrift trust. Leonard’s children were the remainder beneficiaries entitled to receive the trust principal after Leonard’s death. The trustee executed a certificate giving Leonard the power to direct sales, make investments, and distribute income from the trust. Leonard did not have any power to deal with the trust’s corpus, which was comprised of real property, and did not hold legal title to the trust’s assets. In connection with a divorce proceeding, Leonard’s wife, Alice Contella (defendant), moved to terminate the trust pursuant to the doctrine of merger, arguing that the legal and equitable interests in the trust were both held by Leonard. The trial court dissolved the trust and ordered the appointment of a receiver for the sale of trust assets. Leonard appealed.
Rule of Law
Issue
Holding and Reasoning (Sharp, J.)
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