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KIMMEL v. WILMINGTON TRUST COMPANY

287 A.2d 760 (1972)

Morton Richard KIMMEL and Richard Allen Paul, Co-Administrators, C.T.A. of the Estate of Josiah Marvel Scott, deceased, Plaintiffs, v. WILMINGTON TRUST COMPANY, Co-Trustee of the Trust of William H. Fenn, Defendant.

Court of Chancery of Delaware, New Castle.

February 1, 1972.

Attorney(s) appearing for the Case

Leshem & Kimmel and Lindh & Biden, Wilmington, for plaintiffs.

George Tyler Coulson and John Kai Lassen, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant.

DUFFY, Chancellor:

This is an action by the Administrators, C.T.A. of the Estate of Josiah Marvel Scott against Wilmington Trust Company to recover moneys allegedly owed to the Estate. This is the decision on defendant's motion for summary judgment.

A.

On June 6, 1960 the Court entered an order appointing Wilmington Trust Company and Mr. Scott as successor trustees of a trust created under the will of William H. Fenn, deceased. The order provided...

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