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FIRST NATIONAL BANK OF MIAMI v. KERNESS

No. 61-755.

142 So.2d 777 (1962)

The FIRST NATIONAL BANK OF MIAMI, a National Banking Corporation, As Trustee, and Maurice Gusman, Appellants, v. Barbara Lou Rado KERNESS, Stuart Allen Rado and Jackie Lynn Gusman, Appellees.

District Court of Appeal of Florida. Third District.

July 3, 1962.

Attorney(s) appearing for the Case

Williams, Salomon, Kenney & Lindzon, Scott, McCarthy, Preston & Steel, Miami, for appellants.

Dubbin, Schiff, Berkman & Dubbin, Wallace N. Maer and Richard H. Parker, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and HORTON and CARROLL, JJ.

HORTON, Judge.

Plaintiff bank seeks review of an adverse final decree in an action brought to determine its rights, obligations and duties as trustee under a trust agreement. Maurice Gusman, who was a defendant below, has filed a joinder in appeal.

The appellee Barbara Lou Rado Kerness is one of three beneficiaries of an irrevocable Spendthrift Trust created on December 30, 1952, by her grandfather, appellant Gusman. The other beneficiaries are Stuart Allen...

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