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NEWHOUSE v. CANAL NATIONAL BANK OF PORTLAND

Civ. No. 689.

124 F.Supp. 239 (1954)

In the Matter of Elizabeth F. NEWHOUSE, George C. Fry, Jr., Olney M. Fry, and Sheridan Brooks Fry, Plaintiffs, v. The CANAL NATIONAL BANK OF PORTLAND, as an individual person, and in its capacity as trustee under a Mortgage Indenture with the Estate of Mary J. E. Clapp, dated June 1, 1922, and an Extension Agreement dated as June 1, 1937. Sidney St. F. Thaxter, as an individual person and in his capacity as trustee under the will of Mary J. E. Clapp, and Montgomery Blair, Jr., as an individual person and in his capacity as trustee under the will of Mary J. E. Clapp, Defendants.

United States District Court D. Maine, S. D.

September 10, 1954.

Attorney(s) appearing for the Case

Jacob H. Berman, Edward J. Berman, Sidney W. Wernick, Clement F. Robinson, Portland, Me., for plaintiffs.

Leonard A. Pierce, Charles W. Allen, Portland, Me., for Canal Nat. Bank of Portland.

Sidney W. Thaxter, Portland, Me., for Sidney St. F. Thaxter and Montgomery Blair, Jr.

CLIFFORD, District Judge.

This is an action by Elizabeth F. Newhouse, George C. Fry, Jr., Olney M. Fry, and Sheridan Brooks Fry for an accounting and to recover trust income paid to a third party allegedly in breach of trust. The plaintiffs are certain of the beneficiaries of a trust established under the will of Mary J. E. Clapp.1 This action is against Sidney St. F. Thaxter and Montgomery Blair, Jr.2 individually...

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