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FULTON v. FIRST NATIONAL BANK OF FORT MYERS

No. 72-1012.

290 So.2d 498 (1974)

Katharine T. FULTON et al., Appellants, v. FIRST NATIONAL BANK OF FORT MYERS, Florida, a National Banking Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 19, 1974.

Attorney(s) appearing for the Case

Blackwell, Walker, Gray & Powers, Miami, for appellants.

Julian D. Clarkson of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellee.

MANN, Chief Judge.

"Heads I win, tails you lose" is the theory on which this earnestly argued appeal seeks to surcharge a conscientious fiduciary. The matter was disposed of by summary judgment in the Circuit Court, and we have examined the record with particular care to discern a triable issue if there be one. We conclude that there is not.

George W. Thompson died in 1967, leaving a will of which the First National Bank in Fort Myers is executor. More than...

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