William A. White & Sons v. Scott

The plaintiff, a real estate broker, brings this action to recover brokerage fees allegedly earned by his procurement of a buyer ready, willing and able to purchase certain real property forming’ part of a trust estate. The complaint names as defendants one Seymour Scott, both as an individual and as a trustee, of the trust involved (it did not name the cotrustee), and one Martin Gettinger, a representative of the trustee.

The indenture which created the trust, the fund of which the real property was a part, designated Seymour Scott and Martin IT. Scott as alternate trustees, and they…