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CHAMBERS v. KANE

424 A.2d 311 (1980)

Carole A. CHAMBERS, Plaintiff, v. Richard L. KANE, Individually and as Trustee, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided December 1, 1980.

Attorney(s) appearing for the Case

Richard R. Wier, Jr., and Walter P. McEvilly, Jr., of Prickett, Jones, Elliott & Kristol, Wilmington, for plaintiff.

H. Albert Young, Bruce M. Stargatt, and Richard H. Morse, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant.

BROWN, Vice Chancellor.

In this action the plaintiff, Carole A. Chambers, has brought suit against her brother, Richard L. Kane, both individually and as successor trustee of a residuary trust created under the Will of the parties' deceased father.

The complaint is brought in two counts. Under the first, plaintiff charges misconduct by her brother in his capacity as trustee, and, as an ultimate beneficiary of the...

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