In re Estate of Feldstein
Florida District Court of Appeal
292 So. 2d 404 (1974)
Facts
Morris Feldstein, decedent, owned a condominium, which he placed in a testamentary trust. Feldstein’s trust absolved the executrix and trustee of Feldstein’s estate and trust (trustee) (plaintiff) from any liability for delaying the sale of the condominium. The trustee did not sell the condominium until four years after Feldstein’s death and did not rent out the condominium in those intervening years. The trust beneficiaries (defendants) sued the trustee for breaching her duty to obtain income for the testamentary trust. The trustee countered, arguing that the trust instrument protected her from liability and that the beneficiaries lacked standing. The trial court surcharged the trustee approximately $8,200 for failing to rent out the condominium. The trustee appealed.
Rule of Law
Issue
Holding and Reasoning (Hendry, J.)
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