BLACKMAR v. MACKAY


65 F.Supp. 48 (1946)

BLACKMAR v. MACKAY et al.

District Court, S. D. New York.

March 25, 1946.


Attorney(s) appearing for the Case

Jackson, Nash, Brophy, Barringer & Brooks, of New York City (Stephen P. Nash and John G. Jackson, both of New York City, of counsel), for plaintiff.

Proskauer, Rose, Goetz & Mendelsohn, of New York City (Anna Case Mackay, Joseph M. Proskauer, Norman S. Goetz, and Eugene Eisenmann, all of New York City, of counsel), for defendant.

Herman Goldman, of New York City, for John William Mackay, individually, Irving Zion, guardian ad litem for John William Michael Mackay, Mary Rose Mackay, Mary Ellin Berlin, Linda Louise Berlin and Elizabeth Berlin.

Rathbone, Perry, Kelley & Drye, of New York City (Arthur W. Siegrist, of New York City, of counsel), for defendant Central Hanover Bank and Trust Company, as ancillary administrator c.t.a.d.b.n. of John W. Mackay, deceased.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (John C. Hover, Walter D. Fletcher, and John H. Donlan, all of New York City, of counsel), Executors of the estate of Clarence H. Mackay.

Cadwalader, Wickersham & Taft, of New York City (George F. Butterworth and E. A. Niles, both of New York City, of counsel), for Ellin M. Berlin.

Finch & Schaefler, of New York City (Charles M. Arak and John O. Wingrave, both of New York City, of counsel), for defendant Katherine Mackay Hawkins.

Malcolm H. Frost, of New York City, guardian ad litem of children of Katherine M. Hawkins.


CONGER, District Judge.

These are motions to dismiss two bills of interpleader upon various grounds.

Plaintiff, as surviving trustee of two inter vivos trusts, created by the late John W. Mackay in 1898 (hereinafter referred to as the Telfener and Colonna Trusts), instituted these actions pursuant to the Federal Interpleader Act of 1936, 28 U.S. C.A. § 41, subd. (26) to determine the ownership of the corpus of each of the two trusts because of conflicting...

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