Document for SWEET-DONATO, WENDY vs. IN RE: THE JAMES E. SWEET AND JUDIT GRACE BENSON-SWEET TRUST AGREEMENT U/A/D 1/12/2010

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                                Filing # 82260775 E-Filed 12/18/2018 11:11:07 AM



                       IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
                                IN AND FOR CHARLOTTE COUNTY, FLORIDA


         WENDY SWEET-DONATO and GREG G.
         SWEET,
                                                                   CASE NO.: 2018 CA 000598
         Plaintiffs,

         Vv.

         JUDITH GRACE BENSON-SWEET,
         individually and as Trustee of THE JAMES E.
         SWEET AND JUDITH GRACE BENSON-
         SWEET TRUST AGREEMENT w/a/d
         1/12/2010, and JESSE EMMINGER,

         Defendants,

                                                            /
                                  ORDER GRANTING IN PART DEFENDANT’S
                                    MOTION FOR SUMMARY JUDGMENT

                   This cause, having come before the Court on December 10, 2018, on Defendant Judith

        Grace Benson-Sweet’s Motion for Summary Judgment, and the Court, having heard argument of

        counsel, reviewed the supporting documentation submitted by counsel and the evidence before the

        Court, and being otherwise fully advised in the premises, it is hereby ORDERED:


               1   Defendant Judith Grace Benson-Sweet’s Motion for Summary Judgment is GRANTED in

                   part.

                   The Court finds as a matter of law that The   James E. Sweet and Judith Benson-Sweet Trust

                   Agreement (“Trust”) is revocable, except as it relates to “separate property” as defined in

                   the Trust.

                   Accordingly, the Motion for Summary Judgment is DENIED in part to the extent the

                   Trust is irrevocable as to “separate property” as defined in the Trust, if such property exists.
Pursuant to section 736.0603, Florida Statutes, the duties of the Trustee of the Trust are

       owed exclusively to the settlor of the Trust.

       The Trustee of the Trust owes no duties to Plaintiffs, except as related to any “separate

       property” of the Trust.




                                            VES                                   -

                                            igned by JUDGE LISA PORTER in 18000598CA
                                         on 12/18/2018 11:10:22 9Suds9Yg


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