FIRST NATIONAL B. & T. CO. v. FIRST NATIONAL B. & T. CO.

Civil Action No. 80.

121 A.2d 296 (1956)

The FIRST NATIONAL BANK AND TRUST COMPANY, of Milford, Delaware, a corporation of the United States of America, and Martin A. Glasmire, Trustees under the Will of Daniel Hirsch, deceased, Plaintiffs, v. The FIRST NATIONAL BANK AND TRUST COMPANY, of Milford, Delaware, a corporation of the United States of America, and Martin A. Glasmire, Trustees of the Daniel Hirsch Fund for the Needy Poor of the City of Milford, and The First National Bank and Trust Company, of Milford, Delaware, a corporation of the United States of America, and Martin A. Glasmire, Trustees of the Free Public Library Fund, established under the Will of Daniel Hirsch, deceased, and Joseph Donald Craven, Attorney General of the State of Delaware, Defendants.

Court of Chancery of Delaware, Sussex.

March 20, 1956.


Attorney(s) appearing for the Case

James M. Tunnell, Jr., of Tunnell & Tunnell, Georgetown, for plaintiffs.

James L. Latchum of Berl, Potter & Anderson, Wilmington, for defendants, First Nat. Bank & Trust Co. of Milford, Delaware and Martin A. Glasmire, trustees of the Free Public Library Fund.

H. James Conaway, Jr., of Morris, James, Hitchens & Williams, Wilmington, for defendants, First Nat. Bank & Trust Co. of Milford, Delaware and Martin A. Glasmire, trustees of the Daniel Hirsch Fund for the Needy Poor of the City of Milford.

Herbert L. Cobin, Chief Deputy Atty. Gen., for the Atty. Gen.


SEITZ, Chancellor.

Plaintiffs seek instructions as to whether a portion of the corpus of one testamentary trust ("Needy Poor") can be transferred under the cy pres doctrine to assist in effectuating the testator's intention with respect to another trust ("Library").

Plaintiffs are co-trustees under the will of Daniel Hirsch, deceased. They are also named as defendants in their capacities as co-trustees under the testamentary trusts involved in this litigation...

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