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IN RE WILL OF POTTER

275 A.2d 574 (1970)

In the Matter of the WILL of Benjamin POTTER. Mrs. Margaret P. WELLER, Agent of the above Trust, Plaintiff, v. FARMERS BANK OF the STATE OF DELAWARE, Trustee of the Will of Benjamin Potter, and David P. Buckson, Attorney General for the State of Delaware, Defendants.

Court of Chancery of Delaware, Kent.

October 30, 1970.

Attorney(s) appearing for the Case

Joshua M. Twilley, Dover, for plaintiff Margaret P. Weller.

John J. Schmittinger, of Schmittinger & Rodriquez, Dover, amicus curiae in support of the validity of the Potter Trust.

Hugh L. Corroon, of Potter, Anderson & Corroon, Wilmington, amicus curiae in opposition to the validity of the Potter Trust.

Thomas P. Sweeney, of Richards, Layton & Finger of Wilmington, for the defendant trustee, Farmers Bank of the State of Delaware.

Edward J. Wilson, Deputy Atty. Gen., for David P. Buckson, Atty. Gen. of the State of Delaware.

MARVEL, Vice Chancellor:

Margaret P. Weller, the plaintiff herein, serves as agent for the Benjamin Potter trust by appointment of the Chancellor. She is charged, within the confines set by law, with responsibility for the distribution to individual members selected by her out of the class of beneficiaries designated in the last will and testament of Benjamin Potter of income derived from the aforesaid charitable trust as directed by the testator who died in Kent...

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