Naylor v. U.S. Trust Co. of Florida

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 trust, retained full power and control over the trust assets during his lifetime. On July 7, 1995, Randell directed Edward J. DenDooven,…