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SULLIVAN v. TITLE GUARANTEE & TRUST CO.

74 F.Supp. 964 (1947)

SULLIVAN v. TITLE GUARANTEE & TRUST CO. et al.

District Court, S. D. New York.

December 17, 1947.

Attorney(s) appearing for the Case

Stanley W. Schaefer, of New York City, for plaintiff.

Vosseler & Donnelly, of New York City (Arthur G. Donnelly, of New York City, of counsel), for defendants.

RYAN, District Judge.

Plaintiff, a resident of the State of Florida and sole beneficiary of a trust created by a will which was duly probated in the Surrogate's Court of Kings County, New York, sues defendants, New York residents and testamentary trustees of the will, for damages in failing to administer properly the trust, for restoration of the corpus of the trust and for an accounting.

Defendants move, under Rule 12(b) of the Federal Rules of Civil Procedure...

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