PAUL V. WESSLING, ET AL.
v.
BOSTON PRIVATE BANK AND TRUST COMPANY, ETC., ET AL.
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Death itself terminates a marriage, and a resulting trust arises where an express trust is fully performed without exhausting the trust estate.
[1] Death of either party terminates a marriage, which is a purely personal relation.
[2] A resulting trust arises where an express trust is fully performed without exhausting the trust estate.
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Citation to McKendree v. McKendree, 139 So. 2d 173, 174 (Fla. 1st DCA 1962)
This case involves a dispute concerning the Helen B. Wessling Discretionary Trust and claims by Paul V. Wessling, Alexis Elisabeth Wessling, and John …
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Third District Court of Appeal State of Florida Opinion filed August 7, 2024. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D23-0933 Lower Tribunal No. 22-2928 ________________ Paul V. Wessling, et al., Appellants, vs. Boston Private Bank and Trust Company, etc., et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jorge E. Cueto, Judge. Keller Landsberg, P.A., and Maria N. Vernace, and Raymond L. Robin (Ft. Lauderdale), for appellant John F. Beatty, III; George Elias, Jr., for appellants Paul V. Wessling, and Alexis Elisabeth Wessling. Gonzalez, Shenkman & Buckstein, P.L., and Brian D. Buckstein, and Benjamin P. Shenkman, and Elizabeth M. Fernandez (Wellington), for appellee Boston Private Bank and Trust Company, as Trustee of the Helen B. Wessling Discretionary Trust; Golden Glasko & Assoc., P.A., and William
H. Glasko, for appellee Barbara Beatty.
Before LOGUE, C.J., and LINDSEY, and BOKOR, JJ.
2
PER CURIAM.
Affirmed. See Jaris v. Tucker, 414 So. 2d 1164, 1166 (Fla. 3d DCA 1982) (holding that death itself terminates a marriage); McKendree v. McKendree, 139 So. 2d 173, 174 (Fla. 1st DCA 1962) (“[T]he marital relation, being a purely personal one, is terminated by the death of either of the parties . . . .” (quoting Price v. Price, 153 So. 904, 905 (Fla. 1934))); Steinhardt v. Steinhardt, 445 So. 2d 352, 357 (Fla. 3d DCA 1984) (“A resulting trust . . . arises . . . where an express trust is fully performed without exhausting the trust estate . . . .”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. City of Vero Beach, 114 Fla. 233 (Fla. 1934)
- McKENDREE v. McKENDREE, 139 So. 2d 173 (Fla. 1st DCA 1962)
- Cunningham v. Naples Cmty. Hosp., Inc., 414 So. 2d 1164 (Fla. 3d DCA 1982)
- Steinhardt v. Steinhardt, 445 So. 2d 352 (Fla. 3d DCA 1984)