Kentucky Trust Co. v. Sweeney

BROOKS, District Judge.

This interpleader action is submitted on motion of the plaintiff, The Kentucky Trust Company, for a summary judgment declaring the rights of the parties with respect to the trust under the will of Henry S. Barton, deceased. Jurisdiction exists under Title 28 U.S.C.A. § 1335 and there is no issue as to any material fact. The plaintiff is the successor trustee under the will and claimants to a part of the trust assets are the plaintiff, the testator’s nieces, nephews and grandniece (sole surviving next of kin) and a former trustee under the will. On January 2, 1957, a…