Elizabeth Joy Dascal v. In Re: Charles Dascal, et al.

Summary

The Third District Court of Appeal of Florida affirmed an order in a probate-related appeal involving a trust accounting. The court cited Florida Statutes section 736.08135(2)(c) concerning the valuation of trust assets and Pounds v. Pounds concerning interpretation of a trust instrument according to the grantor’s intent.

Holdings

1. The court affirmed the lower court's disposition concerning the trust accounting, applying section 736.08135(2)(c), Florida Statutes, which requires, to the extent feasible, identification and valuation of trust assets and requires acquisition or carrying value and estimated current value for assets reasonably capable of valuation.
2. The court applied the rule that trust provisions should be construed as a whole, rather than by relying on isolated words or phrases, in order to give effect to the grantor's intent when possible.

Questions Presented

1. Whether the circuit court correctly resolved the trust-accounting issue under section 736.08135(2)(c), Florida Statutes.
2. Whether the trust instrument should be construed as a whole to give effect to the grantor's intent.

Disposition

affirmed