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DOETSCH v. DOETSCH

No. 13767.

312 F.2d 323 (1963)

Caroline C. DOETSCH, Plaintiff-Appellee, v. Lawrence DOETSCH, individually etc., et al., Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 11, 1963.

Attorney(s) appearing for the Case

George R. Lyon, Joseph J. Witry, John M. Duffy, Chicago, Ill., for appellant.

Thomas J. Russell, John L. Malone, Chicago, Ill., Mitchell, Russell & Malone, Chicago, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.

HASTINGS, Chief Judge.

This diversity action was brought by plaintiff, Caroline Doetsch, as income beneficiary of an inter vivos trust created by her deceased husband, John A. Doetsch, during his life. By her complaint, plaintiff sought to hold the trustee of this trust, defendant Lawrence Doetsch, liable for a breach of his fiduciary duty in failing to pay her income which she alleged was still due her under the terms of the trust. In the alternative, plaintiff sought...

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