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BANK OF DELAWARE v. GOLDEY

176 A.2d 199 (1961)

BANK OF DELAWARE, a corporation of the State of Delaware, Trustee under the Will of William R. Todd, deceased, Plaintiff, v. Marjorie G. GOLDEY, Everett E. Borton, Executor of the Estate of Edna G. Anderson, George C. Hering III, Administrator of the Estate of Mary M. Todd, Ella May McCutchen, J. Graham Taggart, Dorothy T. Carmichael, Martha J. Harrison, Joseph Johnson, Robert Johnson, Harold Johnson, George Johnson, William Johnson, Leonard Johnson, Catherine Johnson Brewer, Millicent Johnson, Edward Johnson, Jr., Martha J. Summer, Charles Johnson, Jr., Elizabeth Johnson, Edith Johnson, Defendants.

Court of Chancery of Delaware, New Castle.

December 15, 1961.

Attorney(s) appearing for the Case

Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

George T. Coulson, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant Marjorie G. Goldey.

George C. Hering, III, of Morris, James, Hitchens & Williams, Wilmington, for defendants Joseph Johnson, Robert Johnson, Harold Johnson, George Johnson, William Johnson, Leonard Johnson, Catherine Johnson Brewer and Martha J. Summer.

Donald C. Taylor, Wilmington, for defendants Ella May McCutchen, J. Graham Taggart and Dorothy T. Carmichael.

MARVEL, Vice Chancellor.

In 1932, William R. Todd died leaving a 1928 will under the terms of which the residue of his estate was left to his wife in trust with power granted her to expend principal for her personal needs. The testator went on to direct that after his wife's death such residue was to be held in further trust by the predecessor of the present plaintiff for the benefit of testator's unmarried daughter, again with provision for the expenditure of principal...

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