CLEVELAND TRUST CO. v. WILMINGTON TRUST CO.


258 A.2d 58 (1969)

The CLEVELAND TRUST COMPANY, an Ohio Corporation, Successor Trustee of and Under Certain Trusts Created by George Gund, Plaintiff Below, Appellant, v. WILMINGTON TRUST COMPANY, a Delaware Corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

September 10, 1969.


Attorney(s) appearing for the Case

H. Albert Young and Bruce M. Stargatt, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff below, appellant.

Robert H. Richards, Jr., and E. Norman Veasey, of Richards, Layton & Finger, Wilmington, for defendant below, appellee.

CAREY and HERRMANN, JJ., and CHRISTIE, Judge, sitting.


HERRMANN, Justice.

This appeal requires us to decide whether, under the trust agreements here involved, the trustee is entitled to fees on principal upon transfer of the res to a successor trustee; and if so, the amount thereof.

I.

The trust provision in controversy provides that the trustee is entitled to: "A fee upon principal of 1% of the fair market value at the time distributed or transferred."

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