WILMINGTON TRUST COMPANY v. CARPENTER


315 A.2d 625 (1974)

WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, Trustee Under Trust Agreement with Robert R. M. Carpenter, dated September 22, 1930 as Supplemented, Petitioner, v. R. R. M. CARPENTER, Jr., et al., Respondents.

Court of Chancery of Delaware, New Castle.

January 28, 1974.


Attorney(s) appearing for the Case

Robert H. Richards, E. Norman Veasey and Richard G. Elliott, Jr., Wilmington, for petitioner.

Edward W. Cooch, Jr., and Bonnie H. Sheer, of Cooch & Taylor, Wilmington and Richard Carvell, Chestertown, Md., for respondent Louisa d'A. Carpenter.

Charles S. Crompton, Jr., and James F. Burnett, of Potter, Anderson & Corroon, Wilmington and Kenneth W. Gemmill, of Dechert Price & Rhoads, Philadelphia, Pa., for respondents R. R. M. Carpenter, III, Kaye Carpenter Coggins, Wilmington Trust Co., Trustee of the Estate of Kemble duPont Carpenter, Keith P. Carpenter, Renee K. Lickle, Margaretta K. Stabler, Nancy K. Lickle, Carol McCoy and Leslie K. deBraux.

S. Samuel Arsht, of Morris, Nichols, Arsht & Tunnell, Wilmington, for respondent The Carpenter Foundation, Inc.

Kent Walker, State Sol., for W. Laird Stabler, Atty. Gen. of the State of Delaware.


MARVEL, Vice Chancellor:

Robert R. M. Carpenter, the settlor of the trust involved in this case, which he caused to be created on September 22, 1930, therein provided that his wife Margaretta was to receive the income derived from such trust during her lifetime and that upon the death of Margaretta such income was to be paid to the settlor for life, if then living. The provisions of such trust further provided that upon the...

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