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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALVA R. PITTS v. : FIRST UNION NAT'L BANK : MEMORANDUM Before the Court is Defendant's Motion to Dismiss and for Summary Judgment (Paper No. 23).1 briefed and is ripe for decision. The motion has been fully Upon a review of the pleadings : : Civil Action WMN-01-4192

and applicable case law, this Court determines that no hearing is necessary (Local Rule 105.6) and that Defendant's motion will be granted. I. BACKGROUND Plaintiff is the granddaughter of George and Lillie Sergeant of Philadelphia. At the time of George Sergeant's death in 1906,

he left a will that established the George Sergeant Trust. Lillie Sergeant, who died in 1924, also executed a will which established the Lillie Sergeant Trust. Plaintiff is the sole

surviving beneficiary of both trusts, which provide that upon the death of Plaintiff's mother, Alva Sergeant Flanagan, Plaintiff

Also before the Court is Plaintiff's Motion to Compel Answers to Interrogatories and Responses to Request for Production of Documents (Paper No. 27). Because the Court will grant Defendant's motion to dismiss and for summary judgment, the Court will deny Plaintiff's motion as moot.

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would receive the corpus of each trust, less proper charges. Flanagan died on March 9, 2000 at the age of 104. 13. The named trustee of both trusts was the Pennsylvania Company for Insurances on Lives and Granting Annuities, whose modern-day successor in interest is Defendant First Union National Bank.

Ms.

Complaint at

Download Pitts v. First Union Nat'l Bank.pdf

Maryland Law