Walrath v. Roberts

On Motion to Dismiss.

KERRIGAN, District Judge.

This is a bill to declare a resulting trust in- certain property, the residue of an estate which in an earlier decision of this court was held to have been charged with a trust in favor of certain beneficiaries, affirmed in Roberts v. Taylor (C. C. A.) 300 F. 257. Defendant has interposed a motion to dismiss, on the 'grounds (1) that, under the terms of the declaration of trust set out in the bill, he is absolute owner of such portion of said estate as was not exhausted by its trust purposes; (2) that the bill shows complainants have been guilty…