MIDLAND NAT. BANK AND TRUST v. COMERICA TRUST CO.

Nos. 92-0410, 92-0492.

616 So.2d 1081 (1993)

MIDLAND NATIONAL BANK AND TRUST, etc., Appellants, v. COMERICA TRUST COMPANY OF FLORIDA, N.A., etc., et al., Appellees. In re GUARDIANSHIP OF: Charles GEORGE, Incapacitated. COMERICA TRUST COMPANY OF FLORIDA, N.A., as agent for Midlantic National Bank and Trust Co./Florida, Appellant, v. Donna George MARCHESE and Mary George, Personal Representatives of the Estate of Charles George, deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

April 7, 1993.


Attorney(s) appearing for the Case

Elliot S. Shaw and Kim Marie St. James of Taplin, Howard & Shaw, West Palm Beach, for Midland Nat. Bank and Trust.

Abraham M. Mora and Katherine A. Nesbitt of Blank, Rome, Comisky & McCauley, West Palm Beach, for Comerica Trust Co. of Florida, N.A. and Jackie George.

Joyce A. Conway of Jones, Foster, Johnston & Stubbs, P.A., and Jane Kreusler-Walsh of Klein & Walsh, P.A., West Palm Beach, for Donna George Marchese and Mary George.


OWEN, WILLIAM C., JR., Senior Judge.

The issue in these cases, which all parties assert is one of first impression in this jurisdiction, is whether, upon the death of an incapacitated ward, unpaid administration expenses and debts of the guardianship, as well as debts of the ward which preexisted creation of the guardianship but which the court had ordered paid, are properly payable from the ward's guardianship estate, prior to the guardian making distribution to...

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