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DU PONT v. EQUITABLE SECURITY TRUST COMPANY

115 A.2d 482 (1955)

Samuel Hallock DU PONT and Eve duPont Remer, Plaintiffs, v. EQUITABLE SECURITY TRUST COMPANY, a corporation of the State of Delaware, Trustee under a Trust Agreement, dated August 26, 1929, Defendant, John H. Remer, Jr., and Elizabeth Wrenn Remer, Additional Defendants on Cross Complaint.

Court of Chancery of Delaware, New Castle.

On Motion for Judgment on Pleadings and on Motion for Leave to Amend March 17, 1955.

On Cross Motions for Summary Judgment July 25, 1955.

Attorney(s) appearing for the Case

William S. Potter and James L. Latchum (of Berl, Potter & Anderson), Wilmington, for both plaintiffs, and H. Ober Hess (of Ballard, Spahr, Andrews & Ingersoll), Philadelphia, Pa., for plaintiff Eve duPont Remer.

Caleb S. Layton (of Richards, Layton & Finger), Wilmington, for defendant, Equitable Security Trust Co.

Howard Duane, Wilmington, guardian ad litem for the additional defendants, John H. Remer, Jr., and Elizabeth Wrenn Remer.

SEITZ, Chancellor.

This is an action by plaintiffs seeking to terminate a trust on the ground that they are the only parties in interest. Their action is resisted by the trustee and the guardian for the minor defendants on the ground that under a reasonable construction of the inter vivos trust agreement there is an implied remainder existing in favor of the members of a class whose members are not yet determinable but of which the minor defendants are possible members...

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