In re the Accounting of National City Bank

This is a motion by defendant, Harriet Y. Fields, for judgment on the pleadings construing the trust instrument annexed to the petition as giving her, either alone or together with her son, the principal of the trust fund. In addition, the movant seeks to strike out the answer of defendant, Walter Fields, or parts thereof, and portions of the answer of the defendant Michael, executrix of the estate of W. C. Fields. Buie 112 of the Buies of Civil Practice provides: “ If either party be entitled to judgment on the pleadings, the court may, on motion, give judgment accordingly, and without…