Spearman v. Estate of Spearman ex rel. Fenno
Docket: No. 92-1952
Court: District Court of Appeal of Florida; April 7, 1993; Florida; State Appellate Court
Beverly Spearman appeals a final judgment from the Broward County Circuit Court, which ruled in favor of the Estate of Robert Spearman, ordering her to account for approximately $984,000 transferred to her by her deceased former husband. The estate’s personal representative, Lloyd Fenno, claimed conversion and sought an accounting, alleging that the funds were part of a trust intended for Robert Spearman's benefit during his incarceration. The trial court found that the money was not a gift to Beverly but for Robert's benefit and mandated that she account for it within sixty days. However, the court denied the conversion claim, suggesting a potential judgment against Beverly based on expenditures made on Robert's behalf. On appeal, Beverly contended that the trial court lacked sufficient evidence to establish an express or resulting trust. Notably, the personal representative provided no direct evidence that Beverly acted as a trustee for the deceased. The court sustained Beverly’s objection to hearsay testimony from Fenno regarding conversations with the decedent, citing the dead man's statute. The transcript included a conversation where Beverly acknowledged using the money for Robert, but this alone was deemed insufficient to establish a trust. Citing precedent, the court emphasized that evidence for establishing a trust must be clear, positive, and unequivocal, which was not met in this case. Consequently, the appellate court reversed the trial court's judgment in favor of the estate.