Security Trust Co. of Rochester v. Woodward

BRIGHT, District Judge.

On November 27, 1946, plaintiff filed its complaint under section 41(26) of the Judicial Code, 28 U.S.C.A. in which it demands judgment, (1) that each defendant be restrained from instituting action against it for the recovery of a portion of the trust income payable by plaintiff as trustee under a voluntary trust to it by the defendant Orator Frank Woodward on February 9, 1928; and (2) that defendants inter-plead and settle between themselves their rights to such income, and plaintiff be discharged from liability except to the successful defendant.

Simultaneously…