TOWN BANK & TRUST CO. v. EATON


358 Mass. 346 (1970)

264 N.E.2d 686

TOWN BANK AND TRUST COMPANY vs. JOHN E. EATON, administrator, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 10, 1970.


Attorney(s) appearing for the Case

Peter D. Cole for the plaintiff.

Francis H. Fox for The First National Bank of Boston.

Bernard Kaplan for John E. Eaton, administrator.

Present: SPALDING, CUTTER, KIRK, SPIEGEL, REARDON, & QUIRICO, JJ.


SPALDING, J.

This litigation arose in the following circumstances. On August 5, 1966, Town Bank and Trust Company (Town) was named as an alleged trustee in an action brought by Sylvia Shockett (Shockett) by her then conservator, Louis Theran (Theran) against Charles A. Migdal (Migdal) and his wife, Myra. Town in its answer stated that it had funds of the Migdals in its possession in the amount of $3,757.45. Thereafter, Town...

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