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LEWIS v. HANSON

128 A.2d 819 (1957)

Dora Stewart LEWIS, Mary Washington Stewart Borie and Paula Browning Denckla, Defendants Below, Appellants, v. Elizabeth Donner HANSON, as Executrix and Trustee under the Last Will of Dora Browning Donner, deceased, Plaintiff Below, Appellee, Wilmington Trust Company, a Delaware corporation, as Trustee under three separate Agreements, (1) and (2) with William H. Donner dated March 18, 1932 and March 19, 1932, and (3) with Dora Browning Donner dated March 25, 1935, and others, Defendants Below, Appellees.

Supreme Court of Delaware.

January 14, 1957.

Attorney(s) appearing for the Case

Arthur G. Logan and Aubrey B. Lank, Wilmington, for appellants.

Robert B. Walls, Jr., Wilmington, guardian ad litem for Dorothy B. R. Stewart and William Donner Denckla, appellee pro se.

Caleb S. Layton, Wilmington, for Wilmington Trust Co., appellee.

David F. Anderson, Wilmington, for Delaware Trust Co., appellee.

Edwin D. Steel, Jr., guardian ad litem for Joseph Donner Winsor, Curtin Winsor, Jr., and Donner Hanson, appellee pro se.

WOLCOTT and BRAMHALL, Justices, and CAREY, Judge, sitting.

WOLCOTT, Justice.

This appeal involves two fundamental questions: (1) Whether a purported inter vivos trust and the exercise of a power of appointment under it are valid or invalid; and (2) whether the parties may litigate the question of validity in a Delaware court because of an adverse adjudication upon the point by a Florida court.

The action below, commenced by Elizabeth Donner Hanson

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