1. Home
  2. Browse Decisions
  3. A.2d
  4. 172 A.2d
  5. 172 A.2d 63 (1961)
 

WILMINGTON TRUST COMPANY v. PENNSYLVANIA COMPANY

Nos. 6, 9, 10.

172 A.2d 63 (1961)

WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, Trustee under the Will of George P. McNear, Jr., Deceased (which, with J. Russel Coulter, Trustee under the Will of George P. McNear, Jr., Deceased, was named as a defendant below), Defendant below, Appellant, v. PENNSYLVANIA COMPANY, a corporation of the Commonwealth of Pennsylvania, Plaintiff below, Appellee, and Elizabeth M. McNEAR, et al., Third Party Defendants below, Appellees. PENNSYLVANIA COMPANY, a corporation of the Commonwealth of Pennsylvania, Plaintiff below, Appellant, 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 below, Appellees, v. Elizabeth M. McNEAR, John W. McNear et al., Third Party Defendants below, Appellees. J. Russel COULTER, Trustee under the Will of George P. McNear, Jr., Deceased, (who, with Wilmington Trust Company, a Delaware corporation, Trustee under the Will of George P. McNear, Jr., Deceased, was named as a defendant below), Defendant below, Appellant, v. PENNSYLVANIA COMPANY, a corporation of the Commonwealth of Pennsylvania, Plaintiff below, Appellee, and Elizabeth M. McNEAR, John W. McNear et al., Third Party Defendants below, Appellees.

Supreme Court of Delaware.

June 13, 1961.

Attorney(s) appearing for the Case

Aaron Finger, of Richards, Layton & Finger, Wilmington, for appellant and cross-appellee, Wilmington Trust Company.

John J. Morris, Jr., of Morris, James, Hitchens & Williams, Wilmington, for appellant and cross-appellee, Pennsylvania Company.

Samuel R. Russell of Morford, Young & Conaway, Wilmington, and Philip W. Tone of Thompson, Raymond, Mayer, Jenner & Bloomstein, Chicago, Ill., for J. Russel Coulter, appellant and cross-appellee.

Clair John Killoran of Killoran & Van Brunt, Wilmington, and Richard J. Flynn of Sidley, Austin, Burgess & Smith, Chicago, Ill., for Elizabeth M. McNear, et al., appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

The main issue made below, and sought to be presented here, is the enforceability as a binding contract of a letter-agreement between the Pennsylvania Company and the Trustees under the Will of George P. McNear, Jr.

Because of our disposition of the appeals upon this point, a very brief statement of the facts will suffice.

Upon the death in 1947 of George P. McNear, Jr., Wilmington...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases