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CITY COURT OF WARWICK v. BANK OF AMERICA

CA. No. 07-239 S.

813 F.Supp.2d 277 (2011)

The PROBATE COURT OF the CITY OF WARWICK, by and through Judith A. LAWTON, Joan Grant, Carol Lincoln, Janice Leffingwell, Joyce Hendricks, John Kiepler as executor of the Estate of Beverly Kiepler, Janis Fisher, David Gilmore and Raymond P. Cyr, Jr., Plaintiffs, v. BANK OF AMERICA, N.A. as co-executor of the Estate of Magda Burt, Defendant.

United States District Court, D. Rhode Island.

August 24, 2011.

Attorney(s) appearing for the Case

Jennifer A. Niedzinski , Mark A. Sjoberg , Sjoberg & Votta Law Offices, Warwick, RI, Karen Ann Pelczarski , Lynne Barry Dolan , Blish & Cavanagh, LLP, James A. Currier , Law Offices of James A. Currier Providence, RI, Joseph A. Keough, Jr. , Keough & Sweeney, Ltd., Pawtucket, RI, Russell R. Weddell , Law Office of Russell R. Weddell, Taunton, MA, for Plaintiffs.

Steven E. Snow , Carolyn P. Medina , Partridge, Snow & Hahn LLP, Providence, RI, for Defendant.

OPINION AND ORDER

WILLIAM E. SMITH, District Judge.

Nine of the ten residuary beneficiaries ("Plaintiffs" or "Beneficiaries")1 named in the will (the "Will") of Magda L. Burt ("Decedent") have brought suit claiming that Bank of America Corp. (the "Bank"), a co-executor of Decedent's estate (the "Estate"), has breached the fiduciary duties it owed to them. For the reasons that follow...

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