ROOS v. ROOS


203 A.2d 140 (1964)

Jachebet T. ROOS and Sadie R. Keyser, Trustees of David L. Topkis, Plaintiffs, v. Jachebet T. ROOS, Emile V. Topkis, Bernard H. Topkis, Executors of the Estate of Hannah R. Topkis, Defendants.

Court of Chancery of Delaware, New Castle County.

August 12, 1964.


Attorney(s) appearing for the Case

F. Alton Tybout, Wilmington, for plaintiffs.

Garry G. Greenstein, of Wahl, Greenstein, & Berkowitz, Wilmington, for defendants.


SHORT, Vice Chancellor

This is an action to reform a written declaration of trust. Plaintiffs are the trustees named in the trust instrument. Defendants are the executors of the estate of the deceased wife of the settlor. The case is before the court on plaintiffs' motion for summary judgment.

On June 19, 1936 David L. Topkis executed a written declaration of trust declaring that he was possessed of 500 shares of the common stock of Strand Realty Company,...

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