West v. Coogler

427 So.2d 813 (1983)

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Nature of the Case

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Facts

Coogler conveyed 160 acres to her daughter Jane in trust for use and benefit of the settlor during her lifetime with the remainder in trust for the use and benefit of her four children, Jane, Vivian, William, and Theodore. The deed of trust expired 20 years from its date, and if any of the four children were to die within that time, that child's interest would pass in equal shares to the surviving beneficiaries. It was a spendthrift trust precluding any alienation of any interest therein by any beneficiary. The trust deed was not recorded until two years later. Between the date of its execution and recording, Coogler deeded her son Vivian, a 40-acre tract of the property in the trust deed. In 1967, Vivian deeded that tract to another. In 1968, one of the four children died. In 1969 the mother died. In 1979, Vivian brought this declaratory action for an accounting and a claim of a one-third interest in the corpus of the trust of the remaining 120 acres.