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PORTER v. duPONT

194 A.2d 565 (1963)

Edward H. PORTER, Jr., Trustee under an inter vivos trust created by Amy E. duPont, Plaintiff, v. Eugene duPONT, III, Cora Lee duPont, his wife, and Margaret Chapman duPont Peyton, Defendants.

Court of Chancery of Delaware, New Castle.

August 29, 1963.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff.

Leroy A. Brill, of Herrmann, Bayard, Brill & Russell, Wilmington, for defendants Eugene duPont, III, and Cora Lee duPont. Edward J. Brady, of Hale, Hynes & Brady, New York City, of counsel.

Edmund N. Carpenter, II, and William E. Wiggin, of Richards, Layton & Finger, Wilmington, for defendant Margaret Chapman duPont Peyton.

SHORT, Vice Chancellor.

Plaintiff trustee seeks instructions as to whom payment should be made of a certain gift provided by an inter-vivos trust indenture. Conflicting claims to the gift are asserted by the several defendants. Defendant Peyton has moved for summary judgment based upon the pleadings, pre-trial discovery and affidavits filed.

On June 16, 1949 Amy E. duPont executed a revocable inter-vivos trust providing...

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