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SECURITY TRUST CO. v. WILLETT

97 A.2d 112 (1953)

SECURITY TRUST CO. v. WILLETT et al.

Court of Chancery of Delaware, New Castle.

June 1, 1953.

Attorney(s) appearing for the Case

C. Thomas Attix, Jr. (of Hering, Morris, James & Hitchens), Wilmington, for plaintiff.

Richard J. Baker, Wilmington, for defendants H. Clark Willett, Executor, and H. Clark Willett and Lane Willett.

David F. Anderson (of Berl, Potter & Anderson), Wilmington, for defendant Security Trust Co., trustee for Little Sisters of the Poor, Inc.

E. Ennalls Berl (of Berl, Potter & Anderson), Wilmington, for defendant Little Sisters of the Poor, Inc.

SEITZ, Chancellor.

The principal issues are the validity of a so-called cemetery trust and if valid, the disposition of an admitted excess in that trust.

By Item Thirteenth of her will dated March 9, 1923, Anna Plunkett left $5,000 in trust with what is now Equitable Security Trust Company. The net income was to be applied forever for the maintenance of certain family cemetery lots and tomb stones. By the residuary clause in her will the testatrix created...

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