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WILMINGTON TRUST CO. v. CARPENTER

75 A.2d 815 (1950)

WILMINGTON TRUST CO. v. CARPENTER et al.

Court of Chancery of Delaware, New Castle.

October 11, 1950.

Attorney(s) appearing for the Case

William Poole, of Southerland, Berl & Potter, Wilmington (Kenneth W. Gemmill, of Barnes, Dechert, Price, Myers & Clark, of the Philadelphia, Pa. bar, of counsel), for plaintiff trustee.

Charles F. Richards and Robert H. Richards, of Richards, Layton & Finger, Wilmington, for Margaretta duPont Carpenter, Louisa d'A. Carpenter (formerly Louisa C. Jenney), Irene Carpenter Morgan, Robert R. M. Carpenter, Jr., and William duPont Carpenter.

Alexander L. Nichols, of Morris, Steel, Nichols & Arsht, Wilmington, for Albert L. Massey, guardian ad litem for Renee Carpenter Kitchell, Margaretta duPont Kitchell, Nancy Gardiner Kitchell, Carol Victoria Kitchell, Leslie Halsey Kitchell, Robert R. M. Carpenter, III, Mary Kaye Carpenter, II, Kemble duPont Carpenter, Kieth Carpenter and Belle Morgan Carpenter, minors.

Howard Duane, Wilmington, for The Carpenter Foundation.

HARRINGTON, Chancellor.

The plaintiff trustee under an agreement executed by Margaretta duPont Carpenter, dated September 22, 1930, seeks instructions with respect to the persons entitled to the income therefrom during the remainder of Mrs. Carpenter's life. That instrument in part provides:

(1) That the trust so created "shall continue until the death of the last survivor of the Settlor, Margaretta duPont Carpenter, Robert R. M. Carpenter, husband of the...

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