Cohen v. Friedland
This text of 447 So. 2d 896 (Cohen v. Friedland) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In a judicial proceeding instituted by the settlor to revoke a trust, the alleged failure of the trustee to take a position in response to the court’s inquiry as to whether he wishes to continue as trustee does not constitute a failure by the trustee to discharge his fiduciary duties. If it were necessary to reach the factual question, the evidence shows clearly by the trustee’s own testimony that he has “exercised and will continue to exercise his best judgment” in accordance with the trust agreement. Further, it affirmatively appears that there is no other basis for removal of the trustee.
The order discharging the trustee and dissolving the trust is reversed; the cause is remanded with instructions to enter judgment for appellants.
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Cite This Page — Counsel Stack
447 So. 2d 896, 1983 Fla. App. LEXIS 19878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-friedland-fladistctapp-1983.