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CARPENTER FOUNDATION, INC. v. WILMINGTON TRUST COMPANY

328 A.2d 141 (1974)

The CARPENTER FOUNDATION, INC., a Delaware corporation, Respondent Below, Appellant, v. WILMINGTON TRUST COMPANY, a Delaware corporation, et al., Petitioner Below, Appellee, and R. R. M. Carpenter, Jr., et al., Respondents Below, Appellees.

Supreme Court of Delaware.

Decided October 23, 1974.

Attorney(s) appearing for the Case

S. Samuel Arsht, Martin P. Tully and Roger W. Arrington, Morris, Nichols, Arsht & Tunnell, Wilmington, for The Carpenter Foundation, Inc., respondent below, appellant.

E. Norman Veasey, Richards, Layton & Finger, Wilmington, for Wilmington Trust Co., petitioner below, appellee.

Charles S. Crompton, Jr., Potter, Anderson & Corroon, Wilmington, Kenneth W. Gemmill and Arthur C. Dorrance, Jr., Dechert, Price & Rhoads, Philadelphia, Pa., for R. R. M. Carpenter, III, and certain other remaindermen, respondents below, appellees.

Before DUFFY, Justice, and McNEILLY and BIFFERATO, Judges.

PER CURIAM:

Wilmington Trust Company filed a petition requesting instructions from the Court of Chancery as to the proper distributees under a trust agreement between Robert R. M. Carpenter as Settlor and Petitioner as Trustee, dated September 22, 1930. The trust terminated on May 31, 1973 upon the death of the life tenant, Margaretta duPont Carpenter. Before distribution of the corpus, two children of the Settlor, R. R. M. Carpenter, Jr. and Irene Carpenter Draper...

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