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DELAWARE TRUST COMPANY v. DELAWARE TRUST CO.

222 A.2d 320 (1966)

DELAWARE TRUST COMPANY, a Delaware corporation, Trustee under Agreement dated December 27, 1963, with William duPont, Jr., Plaintiff, v. DELAWARE TRUST COMPANY, Jean Ellen duPont McConnell, and William S. Potter, Executors under the Will of William duPont, Jr., Deceased, et al., Defendants.

Court of Chancery of Delaware, New Castle.

August 24, 1966.

Attorney(s) appearing for the Case

E. Dickinson Griffenberg, Jr., of Killoran & Van Brunt, Wilmington, for plaintiff.

David F. Anderson, of Berl, Potter & Anderson, Wilmington, for executors of estate of William duPont, Jr.

W. Laird Stabler, Jr., Wilmington, guardian ad litem for minor and unborn grandchildren of William duPont, Jr.

William Prickett, Jr., and Rodman Ward, Jr., of Prickett & Prickett, Wilmington, for other appearing defendants.

MARVEL, Vice Chancellor:

On December 27, 1963, the late William duPont, Jr., having formalized and adopted a pension plan for the benefit of certain of his full time employees, entered into a trust agreement with the Delaware Trust Company under the terms of which Mr. duPont undertook, as of December 3, 1963, to establish a trust consisting of such moneys and other property as he might from time to time pay over to Delaware Trust Company as trustee. Thereafter, he...

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