Margaret Green a/k/a Peggy M. Green, Individually and in her Capacity as General Partner of Big Oaks Ranch Limited Partnership, et al. v. Raymond M. Green and Richard B. Green, in their Capacity as Limited Partners of, and Derivatively for, Big Oaks Ranch Limited Partnership, et al.

The Fifth District reversed a final judgment construing a trust devise of 'my homestead property' as limited to the settlor's house and 1.57 surrounding acres rather than the roughly 160-acre parcel on which he ran cattle. Although the term was ambiguous and extrinsic evidence was properly admitted, the trial court used that evidence to vary the trust's express terms and reached an absurd result — a devise of a farm's worth of cattle and equipment to be operated on an acre and a half. The court affirmed Peggy Green's removal as personal representative, trustee, and general partner, remanded the fiduciary-breach and damages rulings tied to the homestead construction, and remanded both sides' appellate attorney's fee motions to the probate court.

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