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duPONT v. DELAWARE TRUST COMPANY

310 A.2d 915 (1973)

W. Henry duPONT, Plaintiff, v. DELAWARE TRUST COMPANY, a Delaware corporation, and Hopeton Holding Corporation, a Delaware corporation, Defendants, and Marion duPont Scott et al., Intervening Defendants.

Court of Chancery of Delaware.

September 5, 1973.

Attorney(s) appearing for the Case

William E. Taylor, Jr., Wilmington, and Marvin Comisky and Morris L. Weisberg of Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for plaintiff.

William S. Potter and Charles S. Crompton, Jr., of Potter, Anderson & Corroon, Wilmington, for defendants Dela. Trust Co., and Hopeton Holding Corp., and for intervening defendants Marion duPont Scott, Jean Ellen duPont McConnell, Evelyn duPont Donaldson, John E. duPont and William duPont, III.

V. R. Shackelford, Jr., Orange, Va., for intervening defendant Marion duPont Scott.

MARVEL, Vice Chancellor:

On January 3, 1928, the late William duPont executed his last will and testament in which, after devising extensive real estate and bequeathing personal property located on such estates principally to his son and daughter and to a limited degree to their then spouses, he devised and bequeathed the residue and remainder of his estate to the defendant Delaware Trust Company in trust. His will went on to direct such trustee (after the payment...

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