Legal Opinion
Toretta v. Wilmington Trust Co.
District Court, D. Delaware
Decided April 11, 1947No. 918PublishedCited by 3 opinions
1Opinion of the Court
RODNEY, District Judge.
This is a motion for judgment on the pleadings under Rule 12(c) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the ground that the complaint fails to state a claim upon which relief can be granted. All of the material and well-pleaded allegations of the complaint will, for the purposes of this motion, be taken to be true.
The sole ultimate question to be decided is whether the trustee under the terms of an original trust agreement, and its supplements, should pay to the plaintiff, in addition to the amount of a benefaction payable thereunder, an…
2Cases cited7 opinions
- Helvering v. ButterworthSupreme Court of the United States · 1933
- Burnet v. WhitehouseSupreme Court of the United States · 1931
- Johnson v. Western Union Telegraph Co.New York Court of Appeals · 1944
- Coleman v. CommissionerCourt of Appeals for the Third Circuit · 1945
- In re PflommAppellate Division of the Supreme Court of the State of New York · 1925
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3Cited by3 opinions
- Sneed v. PoolCourt of Appeals of Texas · 1950
- Chicago Title & Trust Co. v. SchwabAppellate Court of Illinois · 1952
- In re the Construction of the Will of MillegNew York Surrogate's Court · 1949