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CHINN v. DOWNS

421 A.2d 915 (1980)

Joseph W. CHINN, Jr., William Winder Laird, Jr., and Walter J. Laird, Jr., as Successor Trustees under certain Declarations of Trust by William Winder Laird, Sr., dated September 26, 1916, Petitioners, v. Alletta d'A. DOWNS, Wilhelmina W. Craven, Rosa P. McDonald, William Winder Laird, Jr., David Laird Craven, Marina Craven Guequierre, Daphne Craven Reese, Phoebe Craven Strange, Sidney Craven, Alecia Guequierre, Thomas Ludwell Lee Reese, Natalie Averell duPont Reese, Lauren Strange, Nancy Hayward Burian, Nathan Hayward, Rosa Hayward Jones, Pierre Hayward, Nicholas Calder Lewis Jones, Mary Laird Silvia, James Laird, Irene Laird, the Unborn Issue of William Winder Laird, Sr., and any other Unascertained Beneficiaries under Certain Declarations of Trust by William Winder Laird, Sr., Dated September 26, 1916, Respondents.

Court of Chancery of Delaware, New Castle County.

Decided October 1, 1980.

Attorney(s) appearing for the Case

Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for petitioners.

Charles S. Crompton, Jr., of Potter, Anderson & Corroon, Wilmington, for respondents William Winder Laird, Jr., Mary Laird Silvia, and James W. Laird.

Thomas P. Sweeney of Richards, Layton & Finger, Wilmington, for respondents Alletta d'A. Downs, Wilhelmina W. Craven and Rosa P. McDonald.

John Biggs, III of Biggs & Battaglia, Wilmington, guardian ad litem for certain minor respondents and unborn issue.

MARVEL, Chancellor:

On September 26, 1916, William Winder Laird as settlor established four substantially identical trusts for the immediate benefit of his four daughters, such trusts providing that the income derived from each was to be paid over to the designated daughter during her lifetime and that upon the death of a daughter that the remainder of such a trust was to be paid over free of trust:

"* * * unto such...

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