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GRACE v. CARROLL

219 F.Supp. 270 (1963)

Michael P. GRACE, II, Plaintiff, v. Gerard L. CARROLL and Frank B. Cavanagh and Jerome H. P. Boucher as Executors of the Last Will and Testament of Joseph B. Murray, deceased, Defendants.

United States District Court S. D. New York.

June 19, 1963.

Attorney(s) appearing for the Case

Luxemburg & Wyle, New York City, by Harold L. Luxemburg and Henry I. Hamburger, New York City, of counsel, for plaintiff.

White & Case, New York City, by Harold A. Westcott and A. H. de Yampert, New York City, of counsel, for defendants.

Louis J. Lefkowitz, Atty. Gen., by P. Hodges Combier and Dean G. Braslow, New York City, of counsel, for Ultimate Charitable Beneficiaries.

EDELSTEIN, District Judge.

This is an action by the settlor of an inter-vivos trust to require the trustees to account for and pay over to plaintiff the corpus and income of the trust fund. Jurisdiction is based on diversity of citizenship. See 28 U.S.C. § 1332. The defendants, the surviving trustee and the executors of the estate of the deceased co-trustee, have moved pursuant to Rule 19(b), Fed.R.Civ.P.,1 to join the Attorney...

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