P v. WILMINGTON TRUST COMPANY


188 A.2d 361 (1962)

P, Plaintiff, v. WILMINGTON TRUST COMPANY, Surviving Trustee under the Agreement dated August 16, 1926 with P; A, B, C, D, E, F, G, H, I, J, K, L, M, N, O and R, Defendants.

Court of Chancery of Delaware, New Castle.

November 21, 1962.


Attorney(s) appearing for the Case

William Prickett of Prickett, Prickett and Tybout, Wilmington, for plaintiff.

William S. Potter and James L. Latchum of Berl, Potter & Anderson, Wilmington, for defendant Wilmington Trust Co., surviving trustee under the agreement dated August 16, 1926 with P.

W. Laird Stabler, Jr., Wilmington, for the individual defendants.


MARVEL, Vice Chancellor.

On August 16, 1926, plaintiff, who was then as now married but without issue or children by adoption, transferred to named trustees her vested remainder or share in a trust estate created under her father's will. She now seeks to have such trust declared ineffective on the grounds of uncertainty or terminated on her individual action and that of her husband's. Alternatively, she argues that if it should be determined that the consent of others...

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