SMITH v. BANK OF CLEARWATER

No. 84-1077.

479 So.2d 755 (1985)

Ann S. SMITH, Appellant, v. BANK OF CLEARWATER, As Trustee and Individually, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 13, 1985.


Attorney(s) appearing for the Case

James B. Byrne, Jr., and Lawrence E. Dolan, Orlando, for appellant.

Charles W. Pittman of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellee.


LEHAN, Judge.

We reverse the summary judgment denying plaintiff's claim against a trustee of a trust for alleged mismanagement of the trust resulting in a diminution of the trust assets. Plaintiff was a contingent remainderman of one-half of the trust assets under a trust established by the will of Parker G. Sanford for the benefit of his wife, Lucy, during her lifetime. Under the trust Lucy was entitled to the trust income during her lifetime. The trustee had discretionary...

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