FIDELITY-PHILADELPHIA TRUST CO. v. WILMINGTON T. CO.


159 A.2d 292 (1960)

FIDELITY-PHILADELPHIA TRUST COMPANY, a corporation of the Commonwealth of Pennsylvania, Executor under the Will of William Franklin Linn, deceased, Plaintiff, v. WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, Trustee of Grace Drew Linn, a mentally ill person, and Wachovia Bank and Trust Company, a corporation of the State of North Carolina, Guardian of Margaret Linn Pritchard, an incompetent, Defendants.

Court of Chancery of Delaware, New Castle.

February 15, 1960.


Attorney(s) appearing for the Case

Samuel Handloff, Wilmington, for plaintiff.

Caleb S. Layton, of Richards, Layton & Finger, Wilmington, for defendant, Wilmington Trust Co., Trustee.

Alexander L. Nichols, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant, Wachovia Bank and Trust Co., Guardian.


SEITZ, Chancellor.

This is a complaint by the executor of the estate of William Franklin Linn ("testator") seeking instructions as to the meaning of a part of Item 2 of the testator's will, dated July 2, 1948.

The Wilmington Trust Company is trustee for the widow, Grace Drew Linn, a mentally ill person ("Trustee"). Wachovia Bank and Trust Company, a North Carolina corporation, is guardian for the niece, Margaret Linn...

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