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WILMINGTON TRUST COMPANY v. CHICHESTER

369 A.2d 701 (1976)

WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, Trustee under Trust Agreement with Philip D. Laird, dated April 23, 1932, et al., Petitioners, v. Richard D. CHICHESTER et al., Respondents.

Court of Chancery of Delaware, New Castle.

Decided October 26, 1976.

Attorney(s) appearing for the Case

William S. Potter and Peter M. Sieglaff, Potter, Anderson & Corroon, Wilmington, for petitioners.

Thomas P. Sweeney, Richard G. Elliott, Jr., and Richard G. Bacon, Richards, Layton & Finger, Wilmington, for Richard D. Chichester, Sarah C. Galloway, Ridgely B. Chichester, Anne K. Aquadro and Frederick E. Klutey, Jr.

Johannes R. Krahmer and David Ley Hamilton, Morris, Nichols, Arsht & Tunnell, Wilmington, for Gordon C. Keys and Mary Cook Stewart Brusnighan.

BROWN, Vice Chancellor.

This case arises on a petition for instructions brought by Wilmington Trust Company in its capacity as trustee under both an inter vivos trust and a testamentary trust created by Philip D. Laird and also as executor of the estate of his deceased wife, Lydia C. Laird. A common question of law is presented as to all three fiduciary relationships. The several respondents have moved for summary judgment against each other as their claimed...

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