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DELAWARE TRUST CO. v. DELAWARE TRUST CO.

91 A.2d 44 (1952)

DELAWARE TRUST CO. v. DELAWARE TRUST CO. et al.

Court of Chancery of Delaware, New Castle.

August 13, 1952.

Attorney(s) appearing for the Case

David F. Anderson (of Berl, Potter & Anderson), Wilmington, for plaintiff.

Thomas Cooch (of Morford, Bennethum, Marvel & Cooch), Wilmington, for defendant Mary S. Rakestraw.

Clair J. Killoran and Clyde M. England, Jr., Wilmington, for defendants Elwood S. Garrett, Victor Garrett, Helen G. Smith, Alice G. Hall, and Thomas Stirn Garrett.

Howard L. Williams (of Hering, Morris, James & Hitchens), Wilmington, for defendant Hilborn Darlington.

BRAMHALL, Vice Chancellor.

On June 14, 1929, the trustor, Kate C. G. Darlington, entered into an inter vivos trust agreement with Delaware Trust Company, a corporation of the State of Delaware. On the same day she also executed her last will and testament. On December 18, 1933, trustor amended the trust agreement. However, we are not concerned here with the amendment.

At the time of the execution of the above instruments, trustor was 71 years of age. Her husband...

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