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DELAWARE TRUST CO. v. DELAWARE TRUST CO.

95 A.2d 569 (1953)

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

Court of Chancery of Delaware, New Castle.

March 19, 1953.

Attorney(s) appearing for the Case

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

W. Reese Hitchens and H. James Conaway, Jr. (of Hering, Morris, James & Hitchens), Wilmington, for defendants Agnes Hubbard, Richard Hubbard, Eva V. Lofland, William Carney, Nell A. Beardsley, Edward Stewart, Linda Elizabeth Stewart, Linda Stewart Eklof and Agnes Hubbard Tisch.

Houston Wilson, Georgetown, for defendant Elizabeth Vaules Carlisle.

Howard Duane, Wilmington, for defendant Lester L. Carlisle, Jr.

Lawrence C. Elliott, Georgetown, for defendant Christian Science Soc. of Milford.

SEITZ, Chancellor.

The principal issue is whether a power of appointment created by an inter vivos trust instrument was exercised in the trustor's will.

This is a complaint for instructions by the executor and trustee under the will of Mary Blanche Carlisle Hirsch. All defendants have appeared by counsel except Carlisle Hubbard, Alice Mitchell Hubbard, Lulu C. Darby, John C. Darby and The First Church of Christ Scientist, Boston, Massachusetts, and a default...

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