Davidson v. Blaustein

WINTER, District Judge:

Defendant moves to dismiss the complaint in the above case for failure to state a claim upon which relief can be granted. Rule 12(b), Fed.Rules of Civil Procedure. The complaint seeks an accounting, upon the following allegations, made on information and belief:

The infant plaintiffs state that the defendant, their great uncle, is the trustee under certain inter vivos trusts created by the late Mr. and Mrs. Louis Blau-stein (their great grandparents and the parents of the defendant), the late Mr. Henry Rosenberg, Sr. (their grandfather and the brother-in-law of the…