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PENNSYLVANIA COMPANY v. WILMINGTON TRUST COMPANY

166 A.2d 726 (1960)

PENNSYLVANIA COMPANY, a corporation of the Commonwealth of Pennsylvania, Plaintiff, v. WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, and J. Russel Coulter, Trustees under the Will of George P. McNear, Jr., deceased, Defendants, Third-Party Plaintiffs, v. Elizabeth M. McNEAR et al., Third-Party Defendants.

Court of Chancery of Delaware, New Castle.

December 9, 1960.

Attorney(s) appearing for the Case

John J. Morris, Jr., of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

Aaron Finger, of Richards, Layton & Finger, Wilmington, for defendant Wilmington Trust Co., trustee.

Samuel R. Russell, of Morford, Young & Conaway, Wilmington, and Floyd E. Thompson, Chicago, Ill., for defendant J. Russel Coulter, trustee.

Clair John Killoran, of Killoran & VanBrunt, Wilmington, and Sidley, Austin, Burgess & Smith, Chicago, Ill., for adult third-party defendants.

David Snellenberg, II, Killoran & VanBrunt, Wilmington, guardian ad litem for minor third-party defendants.

SEITZ, Chancellor.

Pennsylvania Company ("plaintiff"), a wholly owned subsidiary of the Pennsylvania Railroad Company, commenced this action against the Wilmington Trust Company and J. Russel Coulter1, trustees under the will of George P. McNear, Jr., deceased. The trustees will be referred to as "defendants" although it is understood that Coulter's predecessor was trustee at the crucial dates here involved.

Plaintiff seeks specific...

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