Edelman v. National Bank

BAZELON, Circuit Judge.

This is a suit by a surviving husband 1 to set aside a trust which his wife had created nine months before her death and to which she had transferred virtu*189ally all her real and personal property 2 At the close of the opening statements of counsel at trial, the defendant-trustee moved to dismiss the complaint. The District Court granted the motion.3 The threshold question on this appeal is whether the court erred in limiting its consideration to a single issue on the ground that plaintiff’s counsel had abandoned alternative theories in his opening statement.

Under the…