First National Bank of Miami v. Kerness

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 Rado and Jackie Lynn Gusman, both minors. The appellant bank is the trustee.

By its terms, the Gusman Trust set up subordinate Trusts A, B,…