Roberts v. Sarros

Summary

The Florida Second District Court of Appeal considered whether a surviving grantor could amend a trust after the death of the other grantor. Construing the trust's singular/plural construction clause together with its amendment provision, the court held that the surviving grantor could amend the trust and reversed the summary judgment invalidating the amendment. The case was remanded for further proceedings.

Holdings

1. The trust's singular/plural construction clause required 'Grantors' in the amendment provision to include the singular 'Grantor.' Because the context did not require a plural-only construction, Louise McNeill, as the surviving grantor, could amend the trust under Article XV.
2. Summary judgment declaring the amendment invalid was improper because the trust language, properly construed, permitted the surviving grantor to amend it.

Questions Presented

1. Whether the surviving grantor could amend the trust after the death of the other grantor when the trust authorized amendment by the plural 'Grantors' but also provided that singular and plural terms could be construed interchangeably unless the context required otherwise.
2. Whether the trial court properly entered summary judgment declaring the amendment invalid.

Disposition

reversed_and_remanded