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GARRETSON v. GARRETSON

306 A.2d 737 (1973)

Peter J. GARRETSON and Bank of Delaware, a corporation of the State of Delaware, as Trustee under a certain revocable living trust agreement executed June 16, 1967, with Cornelius D. Garretson, as Settlor, Defendants Below, Appellants, v. Jessie B. GARRETSON, Plaintiff Below, Appellee.

Supreme Court of Delaware.

May 23, 1973.

Attorney(s) appearing for the Case

William H. Uffelman, Jr., of Theisen & Lank, Wilmington, for appellant Peter J. Garretson.

Charles F. Richards, Jr. and Allen M. Terrell, Jr., of Richards, Layton & Finger, Wilmington, for appellant Bank of Delaware.

Richard E. Poole, of Potter, Anderson & Corroon and Joseph Donald Craven, Wilmington, for appellee Jessie B. Garretson.

James M. Tunnell, Jr., Andrew B. Kirkpatrick, Jr., Paul P. Welsh and William H. Sudell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for Wilmington Trust Company, Amicus Curiae.

WOLCOTT, C. J., and CAREY and HERMANN, JJ., sitting.

WOLCOTT, Chief Justice:

These are appeals taken by the husband, defendant below, and Bank of Delaware, Trustee under a testamentary trust for the benefit of the husband, from orders of the Chancellor denying the Bank's motion to dismiss the wife's complaint and the husband's motion to vacate an order of sequestration, and granting counsel fees to the wife payable out of the trust funds. See Opinion below Wife v. Husband,...

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