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WILMINGTON TRUST COMPANY v. COULTER

200 A.2d 441 (1964)

WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, in its separate corporate capacity and as Trustee under the Will of George P. McNear, Jr., Deceased, Third-Party Plaintiff and Cross-Defendant and Counter-Claim Defendant Below, Appellant, v. J. Russell COULTER, Trustee under the Will of George P. McNear, Jr., Deceased, Third-Party Defendant and Cross-Claimant Below, Appellee, and Elizabeth M. McNear et al, Third-Party Defendants and Counter-Claimants Below, Appellees.

Supreme Court of Delaware.

Reargument Denied May 7, 1964.

Attorney(s) appearing for the Case

Robert H. Richards, Jr., and Aaron Finger (of Richards, Layton & Finger), Wilmington, and William S. Potter and James L. Latchum (of Berl, Potter & Anderson), Wilmington, for Wilmington Trust Co.

Clair John Killoran (of Killoran & VanBrunt), Wilmington, and Stuart S. Ball, Richard J. Flynn, James G. Archer (of Sidley, Austin, Burgess & Smith), Chicago, Ill., for Elizabeth M. McNear and others.

H. James Conaway, Jr. (of Morford, Young & Conaway), Wilmington, and Philip W. Tone (of Thompson, Raymond, Mayer & Jenner), Chicago, Ill., for J. Russell Coulter.

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

WOLCOTT, Justice.

This is an appeal by Wilmington Trust Company (Trust Company) in both its corporate capacity and as a Co-Trustee with Guy A. Gladson under the will of George P. McNear. The judgment appealed from surcharged the Trust Company in the amount of $500,000.00 with 4% interest from January 12, 1962. The surcharge has been made by reason of the payment of $500,000.00 from...

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