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MILFORD TRUST COMPANY v. STABLER

301 A.2d 534 (1973)

MILFORD TRUST COMPANY, Trustee of the Estate of Louder N. Hearn, Deceased, Plaintiff, v. W. Laird STABLER, Jr., Attorney General of the State of Delaware, Defendant.

Court of Chancery of Delaware, Kent County.

January 16, 1973.

Attorney(s) appearing for the Case

Henry Ridgely, Dover, for plaintiff.

Mason E. Turner, Jr., Deputy Atty. Gen., State of Delaware, for defendant.

DUFFY, Chancellor:

In this action plaintiff seeks instructions as to how it should administer the so-called Hearn Educational Trust Fund. Briefly stated, the issue is whether the Trustee should continue to select only "white" boys and girls as recipients of grants from the Fund.

The Attorney General was named as defendant and has taken the position that the Court should instruct the Trustee to give equal consideration to both white and non-Court, counsel for...

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