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BEACH v. ROME TRUST COMPANY

Nos. 279-280, Dockets 25416-25417.

269 F.2d 367 (1959)

Priscilla Alden BEACH, Plaintiff-Appellant, v. ROME TRUST COMPANY, a domestic corporation, and Johnson D. McMahon, and Robert Beach, Administrator CTA of the Goods and Chattels of Estate of Carrie A. Beach, Deceased, Defendants-Appellees. Priscilla Alden BEACH, Plaintiff-Appellant, v. J. Maynard JONES, Surrogate of Oneida County, State of New York; Rome Trust Company, a New York Banking & Trust Company; Johnson D. McMahon, individually and as Vice-President of Rome Trust Company; Director of Beach Lumber Company, a New York Corporation; Counsel for Rome Trust Company; Counsel for Beach Lumber Company; Counsel for Estate of Carrie A. Beach, Deceased; Counsel for Robert Beach; Counsel for Estate of Samuel H. Beach, Jr.; Robert Beach, individually and as Executor of Estate of Samuel H. Beach, Jr., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided August 17, 1959.

Attorney(s) appearing for the Case

Robert L. Collins, New York City (Harry J. Coman, New York City, on the brief), for plaintiff-appellant.

James Griffin, Rome, N. Y. (O'Shea, Griffin & Jones, Rome, N. Y., on the brief), for defendant-appellee Rome Trust Co.

Johnson D. McMahon, Rome, N. Y., pro se and for defendant-appellee Robert Beach.

Donald L. Austin, for defendant-appellee J. Maynard Jones.

Before LUMBARD, Circuit Judge, and GALSTON and ANDERSON, District Judges.

LUMBARD, Circuit Judge.

These appeals are from orders of James T. Foley, J., in the District Court for the Northern District of New York declining jurisdiction in favor of the Surrogate's Court of Oneida County, New York, in a diversity action brought by the beneficiary of a testamentary trust which was created out of an estate then and now in the course of administration in the Surrogate's Court, against the administrator C.T.A., a testamentary trustee under letters...

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