Irving Trust Co. v. McKeever

CAMPBELL, District Judge.

This is a motion made on behalf of the plaintiff under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for summary judgment directing the defendant to account herein and for an order of reference.

Plaintiff contends that the only issue is plaintiff’s right to an accounting by the defendant, and that this depends on the existence of a fiduciary relationship between said Harriet C. Taylor deceased, of whose last will and testament plaintiff, Irving Trust Company, is ancillary executor, and Harriet C. McKeever, defendant, and the…