A. B. v. WILMINGTON TRUST COMPANY


191 A.2d 98 (1963)

A. B., Plaintiff below, Appellant, v. WILMINGTON TRUST COMPANY, Surviving Trustee Under Agreement Dated August 16, 1926, etc.; And Others, Appellees.

Supreme Court of Delaware.

May 3, 1963.


Attorney(s) appearing for the Case

William Prickett, of Prickett, Prickett & Tybout, Wilmington, for appellant.

William S. Potter and James L. Latchum, of Berl, Potter & Anderson, Wilmington, for appellees, Wilmington Trust Co., Trustee.

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


SOUTHERLAND, Chief Justice.

This is a suit by the settlor of an inter vivos trust seeking to terminate the trust on the ground that all parties in interest (with one exception) are living, are sui juris, and have consented to the termination.

In the court below, plaintiff and defendant trustee filed cross motions for summary judgment. The case was heard on the pleadings and affidavits, and the Vice Chancellor...

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