BANK OF DELAWARE v. BANK OF DELAWARE


289 A.2d 639 (1972)

BANK OF DELAWARE, Trustee under Agreement dated June 30, 1928 with Frank N. Overdeer, Plaintiff, v. BANK OF DELAWARE, Executor u/w Margaret F. Overdeer, et al., Defendants.

Court of Chancery of Delaware, New Castle.

March 14, 1972.


Attorney(s) appearing for the Case

Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

Henry R. Horsey, of Morris, James, Hitchens & Williams, Dover, for defendant Bank of Delaware, Executor U/W Margaret F. Overdeer.

Samuel R. Russell, of Wilson & Russell, Wilmington, for defendants Norman W. Hiller, Jr., Ruth O. Kramer, Abner R. Overdeer, Jr., Anna R. Overdeer, Robert H. Overdeer, and Ralph B. Pennington.

Robert W. Wakefield, of Walker, Miller & Wakefield, Wilmington, for Hamilton P. Fox, Jr., Administrator of the Estate of defendant Mildred A. Morris.


DUFFY, Chancellor:

Bank of Delaware, Trustee under an inter vivos trust agreement with Frank N. Overdeer, seeks instructions as to the persons to whom distribution of trust corpus should be made. Defendants are Bank of Delaware, as Executor under the Will of Trustor's daughter, Margaret F. Overdeer (Margaret's Executor), certain relatives of the Trustor who constitute his next of kin both at his death and at the date of his daughter's death (other defendants...

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