BANK OF DELAWARE v. CLARK


249 A.2d 442 (1968)

BANK OF DELAWARE, a banking corporation of the State of Delaware, Trustee under an Agreement with William P. Bancroft, Plaintiff, v. Sarah Bancroft CLARK et al., Defendants.

Court of Chancery of Delaware.

July 9, 1968.


Attorney(s) appearing for the Case

Henry N. Herndon, Jr., Wilmington, for plaintiff.

Charles K. Keil, Wilmington, for minor defendants and unborn issue.

Richard L. McMahon, Wilmington, for adult defendants.

Rodney M. Layton, Wilmington, for Wilmington Medical Center, Inc.


SHORT, Vice Chancellor:

On August 17, 1899, William P. Bancroft entered into an inter vivos trust agreement with plaintiff's predecessor, Security Trust and Safe Deposit Company. The trust was funded by Bancroft's deposit with the trustee of the sum of $100,000. The agreement provided that the principal was to be invested in mortgages on real estate situated within fifty miles of the City of Wilmington. The net income of the trust was payable to Bancroft for life...

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