duPONT v. DELAWARE TRUST COMPANY


364 A.2d 157 (1975)

W. Henry duPONT, Plaintiff, v. DELAWARE TRUST COMPANY, a Delaware Corporation, and Hopeton Holding Corporation, a Delaware Corporation, Defendants. Jean Ellen duPont McConnell et al., Intervenor-Defendants.

Court of Chancery of Delaware, New Castle.

Decided December 24, 1975.

Resubmitted June 3, 1976.

On Reargument September 30, 1976.


Attorney(s) appearing for the Case

Russell J. Willard, Jr., Wilmington, and Marvin Comisky, Morris L. Weisberg and Alan C. Gershenson, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for plaintiff.

William S. Potter, Charles S. Crompton, Jr., and Michael D. Goldman, Potter, Anderson & Corroon, Wilmington for defendants Delaware Trust Co. and Hopeton Holding Corp. and for intervening defendants, Jean Ellen duPont McConnell, Evelyn duPont Donaldson, John E. duPont, and William duPont, III.

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


MARVEL, Vice Chancellor.

In February, 1970, plaintiff1 as one of the five grandchildren remaindermen entitled to receive sixty percent of the corpus of a trust consisting of the rest, residue and remainder of the estate of their grandfather, William duPont, upon the death of their father, William duPont, Jr.,2 the principal life beneficiary in sixty percent of the...

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