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
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