Eldredge v. Eldredge

This is a motion made by tbe plaintiff to strike out six separate and distinct defenses wbicb were set up in tbe defendant’s answer.

*738The action was instituted by the plaintiff to set aside, upon the ground of fraud, a trust agreement entered into between the plaintiff and predecessor trustee on February 21, 1947. In addition to a general denial six separate defenses were raised in the answer of the defendant. The first separate defense is set forth in the “ seventh ” paragraph of the answer as follows: “ That the plaintiff is not qualified to testify, or competent to testify by reason of the…