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BANK OF DELAWARE v. BANK OF DELAWARE

161 A.2d 430 (1960)

BANK OF DELAWARE, a corporation of the State of Delaware, Executor of the Estate of Ruth E. Whitaker, deceased, Plaintiff, v. BANK OF DELAWARE, a corporation of the State of Delaware, Successor Trustee under a certain Agreement of Trust with Ruth E. Whitaker, deceased, W. Porter Whitaker, Martha M. Whitaker, Mary Porter Whitaker Lundberg, Harriet Whitaker Brandenburg, Jeffery Marshall Brandenburg, Karen McCreary and Mark McCreary, Defendants.

Court of Chancery of Delaware, New Castle.

April 25, 1960.

Attorney(s) appearing for the Case

Rodney M. Layton of Richards, Layton & Finger, Wilmington, for plaintiff-executor and for defendant, Bank of Delaware, Trustee.

Hugh Corroon of Berl, Potter & Anderson, Wilmington, for defendants, W. Porter Whitaker and Martha M. Whitaker.

O. Francis Biondi, Wilmington, guardian ad litem for Mark McCreary and the unborn issue of Harriet Whitaker Brandenburg.

SEITZ, Chancellor.

Plaintiff-executor, seeks instructions as to the proper distribution of the residuary estate of the testatrix.

The testatrix executed her last will on October 24, 1951. For our purposes we can say that she executed an inter vivos trust on the same day. Her will provided that her residuary estate was bequeathed to her inter vivos trust:

"* * * to be merged with, held and administered as a part of the trust estate held thereunder...

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