STUART v. WILMINGTON TRUST CO.


474 A.2d 121 (1984)

Dwight Lyman STUART, Respondent Below, Appellant, v. WILMINGTON TRUST COMPANY, Trustee u/a Elbridge A. Stuart dated January 30, 1934 and Jane S. Whitman, Petitioners Below, Appellees, and Dwight Lyman Stuart, Jr., William Woodward Stuart, Bruce Fullerton Stuart, Gregory Morgan Stuart and the unborn and unascertained issue of Dwight Lyman Stuart, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 2, 1984.


Attorney(s) appearing for the Case

Richard R. Cooch (argued), and Robert W. Crowe of Cooch & Taylor, Wilmington, for respondent below, appellant.

Thomas P. Sweeney (argued), and Richard G. Bacon of Richards, Layton & Finger, Wilmington, for petitioners below, appellees.

Clark W. Furlow (argued); and Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for defendants below, appellees.

Before McNEILLY, MOORE and CHRISTIE, JJ.


McNEILLY, Justice.

This is an appeal from the Final Order and Judgment rendered by the Chancellor in response to a Petition for Instructions filed by Wilmington Trust Company, as Trustee, and Jane S. Whitman, as one of two trust advisors of a trust established under an agreement between Elbridge A. Stuart and Wilmington Trust Company. The appellant, Dwight Lyman Stuart, is the other trust advisor and a beneficiary of the...

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