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GINNS v. TOPKIS

80 A.2d 500 (1951)

GINNS et al. v. TOPKIS et al.

Court of Chancery of Delaware.

April 27, 1951.

Attorney(s) appearing for the Case

William Poole of Southerland Berl & Potter, Wilmington, for plaintiffs.

Henry M. Canby, of Richards, Layton & Finger, Wilmington, for Wilmington Gen. Hospital Ass'n., Inc.

Caleb S. Layton, of Richards, Layton & Finger, Wilmington, for Delaware Hospital, Inc.

Robert H. Richards, Jr., of Richards, Layton & Finger, Wilmington, for Homeopathic Hospital Ass'n. of Delaware.

Robert B. Walls, Jr., Wilmington, for Betty Topkis Schiff and Jack Topkis.

Alexander L. Nichols, of Morris, Steel, Nichols & Arsht, Wilmington, for Family Soc., Inc.

Thomas Herlihy, Jr. and Herman Cohen, Wilmington, for Jacob Henry Topkis and Perry Topkis, individually and as Ex'rs. under the will of Harry Topkis, deceased.

David S. Keil, of Keil & Keil, and Abraham Hoffman, Wilmington, for The Jewish Welfare Soc., Inc.

Lighton S. Dorsey, Wilmington, for Esther Topkis Potts.

Thomas Muncy Keith, Wilmington, for Oscar Ginns, Trustee for Vitelia Topkis.

Joseph H. Flanzer, Wilmington, for Orthodox Adas Kodesch Congregation.

SEITZ, Vice Chancellor.

William Topkis died testate on November 21, 1925. He devised the home dwelling to his widow and left the remainder of his property in trust for several enumerated purposes. In view of certain developments which have taken place during the administration of the trust, the co-trustees need the instructions of this court.

The testamentary trust provision directs the trustees to "pay and dispose of the net income of said trust fund, during...

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