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WILMINGTON TRUST COMPANY v. CARPENTER

168 A.2d 306 (1961)

WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, Trustee under Agreement with Walter S. Carpenter, Jr., Appellant, v. Walter S. CARPENTER, Jr., W. Samuel Carpenter, 3rd, and Clifton Center, Inc., a corporation of the State of Delaware, Appellees.

Supreme Court of Delaware.

March 1, 1961.

Attorney(s) appearing for the Case

William S. Potter, James L. Latchum and Blaine T. Phillips of Berl, Potter & Anderson, Wilmington, for appellant.

E. N. Carpenter, II, of Richards, Layton & Finger, Wilmington, and Mac Asbill, Jr., of Sutherland, Asbill & Brennan, Washington, D. C., for appellees W. Samuel Carpenter, 3rd, and Clifton Center, Inc.

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

SOUTHERLAND, Chief Justice.

The case involves the constitutionality of an amendment to the spendthrift trust statute as applied to a trust created before the enactment of the amendment.

The facts are these:

By agreement dated November 21, 1941, Walter S. Carpenter, Jr., transferred to Wilmington Trust Company 75 shares of stock of Christiana Securities Company to be held subject to certain trusts specified in the trust agreement. The trust is irrevocable...

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