In re the Accounting of National City Bank

This is a motion by defendant, Walter Fields, to dismiss the five “ counterclaims ” in the answer of defend*779ant Harriet V. Fields on various grounds. In addition, the movant seeks dismissal of the answer, of defendant Magda Michael, executrix of the estate of W. C. Fields, and an adjudication that he is entitled .to the corpus of the trust of which he was the beneficiary at the time of the death of the settlor, W. C. Fields.

On a companion motion, decided simultaneously herewith (193 Misc. 770), this court has construed the trust agreement as providing that if the settlor dies after December 1,…