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WILMINGTON TRUST COMPANY v. COULTER

208 A.2d 677 (1965)

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, v. J. Russel COULTER, Trustee under the Will of George P. McNear, Jr., Deceased, Cross-Claimant, and Elizabeth M. McNEAR, et al., Third-Party Defendants and Counter-Claimants.

Court of Chancery of Delaware, New Castle.

March 22, 1965.

Attorney(s) appearing for the Case

Robert H. Richards, Jr., of Richards, Layton & Finger, and William S. Potter, of Berl, Potter & Anderson, Wilmington, for Wilmington Trust Co.

Clair John Killoran and John VanBrunt, Jr., of Killoran & Van Brunt, Wilmington, and Stuart S. Ball, Richard J. Flynn, James G. Archer, of Sidley, Austin, Burgess & Smith, Chicago, Ill., for third-party defendants and Counter-Claimants.

H. James Conaway, Jr., of Morford, Young & Conaway, Ill., Wilmington, and Philip W. Tone, of Raymond, Mayer, Jenner & Block, Chicago, Ill., for J. Russel Coulter.

David Snellenberg, II, of Killoran & VanBrunt, Wilmington, Guardian ad litem for minor third-party defendants and counter-claimants.

SEITZ, Chancellor:

This is the decision on certain applications for attorneys' fees arising out of litigation which resulted in a surcharge against the corporate trustee.

While the facts are set out at length in the surcharging opinion of this court (Pennsylvania Company v. Wilmington Trust Company, 40 Del.Ch. 567, 186 A.2d 751) and the affirming opinions of the Supreme Court of Delaware (Wilmington Trust Co. v. Coulter (Del...

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