IN RE THOMAS


295 A.2d 757 (1972)

In the Matter of James B. THOMAS et al., a partnership.

Court of Chancery of Delaware, New Castle.

August 9, 1972.


Attorney(s) appearing for the Case

Ralph F. Keil, of Keil & Keil, Wilmington for petitioners James B. Thomas and David S. Keil, trustees under the last will and testament of Emid A. Thomas.

Courtney H. Cummings, Jr., of Killoran & VanBrunt, Wilmington, for petitioner Joan M. Reese.

Richard J. Baker, Wilmington, for the members of J.C.S. Partnership.


MARVEL, Vice Chancellor:

On March 23, 1966, the late Emid A. Thomas executed his last will and testament in which he named his son James B. Thomas as a co-trustee of a testamentary trust the corpus of which was to consist of his residuary estate. Thereafter, on April 29, 1967, the testator entered into a written agreement with J.C.S. Corporation under the terms of which he leased to such corporation a certain parcel of land owned by him located at 1002 Concord Avenue...

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