Kirgan et al v. Manufacturers and Traders Trust Company

Filing 180

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 11/29/2018. (dest, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

MARY ANNE KIRGAN and

ROBERT S. KIRGAN,

Plaintiffs,

Civil Action No. 1:17-cv-00327

V.

MANUFACTURERS AND TRADERS

TRUST COMPANY d/b/a M&T BANK,
Defendant.

MEMORANDUM OPINION

THIS MATTER comes before the Court on Plaintiffs Mary Anne

Kirgan and Robert 8. Kirgans' Complaint, as successor trustees
to the Plitt Trust, seeking to remove M&T as the corporate cotrustee of the Clarence Manger and Audrey Cordero Plitt Trust
(the

"Trust").

removal
claim

of
for

Plaintiffs

seek

Defendants

as

breach

fiduciary

of

a

corporate

declaratory

judgment

trustee

also

duty.

and

Defendants

for

bring

also

a

seek

declaratory judgment on a number of issues against Plaintiffs in
addition to a breach of fiduciary duty claim.
I. Background

Plaintiffs filed their complaint in this Court on March 21,
2017,

alleging

four

counts

against

1

Defendants.

Plaintiffs