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DELAWARE TRUST COMPANY v. DAVIS

163 A.2d 588 (1960)

DELAWARE TRUST COMPANY, a corporation of the State of Delaware, and M. A. Tarumianz, as Trustees under an Indenture of Trust dated the 3rd day of January, 1939, Plaintiffs, v. Edward C. DAVIS, Jr., Individually and as the remaining Trustee under Indenture of Trust dated the 3rd day of January, 1939, Eric Davis Schneider, minor son of Sarah Davis Schneider, Herman W. Schneider, administrator of Sarah Davis Schneider, and Delaware Trust Company, a corporation of the State of Delaware, Executor under the Last Will and Testament of Edward C. Davis, Sr., Deceased, Defendants.

Court of Chancery of Delaware, New Castle.

August 9, 1960.

Attorney(s) appearing for the Case

Hugh M. Morris of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiffs.

Henry M. Canby of Richards, Layton & Finger, Wilmington, for defendant, Edward C. Davis, Jr., individually and as trustee.

Daniel L. Herrmann of Herrmann & Duffy, Wilmington, for defendants, Eric Davis Schneider and Herman W. Schneider, administrator.

David F. Anderson of Berl, Potter & Anderson, Wilmington, for defendant, Delaware Trust Co., executor.

MARVEL, Vice Chancellor.

Plaintiffs, who are two of the present trustees under a trust created by Edward C. Davis on January 3, 1939, have filed this complaint for instructions, naming as one of the interpleading defendants, Edward C. Davis, Jr., both in his capacity as a beneficiary of the trust and as an original trustee named in the 1939 instrument. Also named as such interpleading defendants are Eric Davis Schneider, son of Sarah Davis Schneider, a trust beneficiary...

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