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HANOVER ST. PRESBYTERIAN CHURCH v. BUCKSON

210 A.2d 190 (1965)

HANOVER STREET PRESBYTERIAN CHURCH, a Delaware religious corporation, Plaintiff, v. David P. BUCKSON, Attorney General of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

May 17, 1965.

Attorney(s) appearing for the Case

Samuel R. Russell, of Bayard, Brill, Russell & Handelman, Wilmington, for plaintiff.

Jay H. Conner, Deputy Atty. Gen., for defendant.

SEITZ, Chancellor.

Plaintiff, Hanover Street Presbyterian Church, a Delaware religious corporation ("plaintiff"), seeks instructions, inter alia, as to whether legacies under three different wills must be held by it as subject to specific trusts. The attorney general was named as defendant. Subsequently, the plaintiff filed a motion with a supporting affidavit seeking a summary judgment to the effect that the funds involved are not subject to express trusts. The defendant...

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