Bentinck v. Guaranty Trust Co.

WEINFELD, District Judge.

The allegedly unauthorized payment of a portion of the principal of the trust was made in 1929; the allegedly unauthorized income payments from December 1927 to August 1939. Plaintiffs contend that David Crutchfield, an individual co-trustee, resigned on September 23, 1927; the defendants, that he resigned on October 20, 1936.

If, in fact, Crutchfield remained' in office until 1936 as co-trustee with the Guaranty Trust Company of New York, it appears his Estate (he having died before-the commencement of the present suit) is an indispensable party.1 The issue of date of…