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WYCKOFF v. GARRISON

237 A.2d 139 (1967)

George W. WYCKOFF, Nathan W. Pearson, and Wilmington Trust Company, a corporation of the State of Delaware, trustees under an Agreement of Trust with Ailsa Mellon Bruce, Plaintiffs, v. Lloyd K. GARRISON and the Bank of New York, Executors of the Estate of Audrey B. Currier, and Guardians of the Property of the infants below named, Alan Dworsky and Edith Entenman, Guardians of the Property of the infants below named, Audrey B. Currier, Andrea B. Currier, Lavinia M. Currier and Michael S. Currier, infant children of Audrey B. Currier, Ailsa Mellon Bruce, Trustor of the trust, John G. Simon and Claire B. Simon, Guardians of the Persons of said infant children, Defendants.

Court of Chancery of Delaware, New Castle.

December 12, 1967.

Attorney(s) appearing for the Case

Edmund N. Carpenter, II, and James T. McKinstry, of Richards, Layton & Finger, Wilmington, for plaintiffs.

Richard F. Corroon and Robert K. Payson, of Potter, Anderson & Corroon, Wilmington, for defendants Lloyd K. Garrison and the Bank of New York, executors of the Estate of Audrey B. Currier.

James M. Tunnell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, guardian ad litem for defendants Andrea B. Currier, Lavinia M. Currier and Michael S. Currier.

MARVEL, Vice Chancellor:

Plaintiffs are the present trustees under an agreement entered into on August 6, 1935, between Ailsa Mellon Bruce as trustor and Wilmington Trust Company and two individuals, since resigned, as trustees. Under the terms of such agreement Mrs. Bruce placed certain property in trust for the benefit of her issue during their lifetime, with remainder over to the descendants per stirpes of deceased children...

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