Legal Opinion
Brayton v. Boston Safe Deposit and Trust Co.
District Court, D. Rhode Island
Decided August 28, 1996No. Civ. A. 96-003-TPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
TORRES, District Judge.
This ease is before the Court for consideration of the defendant’s motion to dismiss pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction on the ground that a prior action involving the same subject matter is pending in the Massachusetts Probate Court. 1 For the reasons stated below, the defendant’s motion to dismiss is granted.
Facts
David Brayton, Jr., (Brayton) and Boston Safe Deposit and Trust Company (the Bank) are co-trustees of two trusts established by Brayton’s parents who are now deceased. During Brayton’s lifetime, the Bank, as…
2Cases cited8 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939
- Aetna Casualty & Surety Co. v. KellyDistrict Court, D. Rhode Island · 1995
- Cassity v. PittsCourt of Appeals for the Tenth Circuit · 1993
- The Southwestern Bank & Trust Company of Oklahoma City v. Metcalf State Bank, Stewart Securities v. Metcalf State BankCourt of Appeals for the Tenth Circuit · 1975
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3Cited by2 opinions
- Standard Fire Insurance v. GordonDistrict Court, D. Rhode Island · 2005
- Straus v. StrausDistrict Court, D. Massachusetts · 1997