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BREDIN v. WILMINGTON TRUST COMPANY

216 A.2d 685 (1965)

Octavia M. du Pont BREDIN, Constance S. Darden, Lucile E. du Pont Flint, Margaretta L. Greenewalt, Irene Sophie May, Eleanor F. Rust and Mariana du Pont Silliman, Plaintiffs, v. WILMINGTON TRUST COMPANY, Successor Trustee under Agreement of Trust dated January 30, 1920, by and between Irénée du Pont and Fidelity Trust Company (Wilmington Trust Company Trust No. 1114), et al., Defendants, J. Bruce Bredin et al., Intervening Plaintiffs.

Court of Chancery of Delaware, New Castle.

December 8, 1965.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., and Johannes R. Krahmer, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiffs.

James T. McKinstry, of Richards, Layton & Finger, Wilmington, for Wilmington Trust Co., successor trustee.

Clair J. Killoran, of Killoran & VanBrunt, Wilmington, for individual adult defendants and as guardian ad litem for minor defendants and for all issue of plaintiffs more remote than children, whether born or unborn.

William Prickett, Jr., and Rodman Ward, Jr., of Prickett & Prickett, Wilmington, for intervening plaintiffs.

SHORT, Vice Chancellor:

Plaintiffs, the income beneficiaries of an inter vivos trust created by their father, Irénée du Pont, seek a declaration as to the nature and extent of their interest under the trust. Defendants are the trustee and plaintiffs' children and issue more remote than children. Intervening plaintiffs are the husbands of six of the plaintiffs. All of the material facts set forth in the complaint...

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