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NAYLOR v. U.S. TRUST CO. OF FLORIDA

No. 97-03746.

711 So.2d 1350 (1998)

Beatrice S. NAYLOR, Appellant, v. U.S. TRUST COMPANY OF FLORIDA, as Personal Representative of the Estate of Donald H. Randell, Deceased, and U.S. Trust Company of Florida, as Trustee of the Donald H. Randell Revocable Living Trust, Appellee.

District Court of Appeal of Florida, Second District.

June 17, 1998.

Attorney(s) appearing for the Case

Theodore L. Tripp, Jr., of Garvin & Tripp, P.A., Fort Myers, for Appellant.

Robert G. Menzies of Roetzel & Andress, P.A., Naples, for Appellee.

PATTERSON, Acting Chief Judge.

Beatrice S. Naylor appeals from a final summary judgment in favor of U.S. Trust Company of Florida (U.S.Trust), as personal representative and trustee for the estate and trust of Donald Randell. We reverse.

The facts are not in dispute. Donald Randell established a revocable inter vivos trust with U.S. Trust as the trustee. Among the trust assets was an account with a cash balance exceeding $170,000. Randell, as settlor of the...

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