Darlene Yelvington, et al. v. Gary Yelvington, et al.
The Fifth DCA affirmed a final order distributing trust assets between two siblings following a bench trial. The court held that the trust language required only an equal 50% overall share for each sibling's trust, not a perfect 50% split of every individual asset, so the trial court could permissibly award a 51%/49% interest in a family business with offsetting credits, and the deferential clearly-erroneous standard of review defeated the remaining challenges.
Key facts
- A brother and sister disputed the disposition of assets in trusts established for their benefit by their parents, including a business known as Yelvington Jet Aviation operated by the brother.
- After a bench trial, the trial court entered a series of orders culminating in a final order distributing the trust assets, including a 51%/49% division of Yelvington Jet Aviation in the brother's favor.
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Holdings
- Where a trust requires each beneficiary's trust to receive an equal share of overall trust assets and grants the trustee discretion to satisfy a share in cash or in kind, including by…
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Why it matters
This decision is instructive for trust and estate litigators on how courts construe equal-distribution provisions, confirming that an 'equal share' requirement applies to the overall value received rather than mandating… — full analysis with a trial
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