Fulton v. First National Bank of Fort Myers

290 So.2d 498 (1974)

Katharine T. FULTON et al., Appellants,

v.

FIRST NATIONAL BANK OF FORT MYERS, Florida, a National Banking Corporation, Appellee.

No. 72-1012.

District Court of Appeal of Florida, Second District.

February 20, 1974.

Rehearing Denied March 19, 1974.

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…