Indian Head National Bank v. Theriault

Since the interests of the appellants are not identical, their rights upon appeal must receive separate consideration. As applied to the appeal of George Theriault, the orders of the Superior Court were without error. The appeal raised no issue of fraud. By the motion to amend filed on November 16, 1948, the appellants sought to charge the trustee with fraudulent collusion with its predecessor trustee and the executor of the will, both in the capacities mentioned and as guardians of the then minor sons of the testator. So far as appears, the transactions alleged to have been fraudulent…