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WILMINGTON TRUST CO. v. ANNAN

531 A.2d 1209 (1987)

WILMINGTON TRUST COMPANY, Trustee u/a with William H. Donner dated March 15, 1932; Successor Trustee u/a between William H. Donner and Montreal Trust Company dated August 6, 1940, and Trustee u/a with Dora Donner Ide dated October 28, 1940, Petitioner v. Phaedra ANNAN, Stephanie Kay Watters Hanson, Michelle Dutra de Amorim, and the minor and unascertained issue of Donner Hanson, Respondents.

Court of Chancery of Delaware, New Castle County.

Decided: June 18, 1987.

Attorney(s) appearing for the Case

Richard G. Bacon, Richards, Layton & Finger, Wilmington, for Wilmington Trust Co.

John Biggs, III, Biggs & Battaglia, Wilmington, for Phaedra Annan.

Joseph H. Geoghegan, and Daniel F. Lindley, Potter Anderson & Corroon, Wilmington, Bank of California, Guardian of the Estate of Stephanie Kay Watters Hanson.

Roger A. Akin, Sawyer & Akin, Wilmington, guardian ad litem for Michelle Dutra de Amorim and the unascertained issue of Donner Hanson.

BERGER, Vice Chancellor.

Wilmington Trust Company, in its capacity as trustee of three inter vivos trusts, filed this petition for instructions. William H. Donner ("William Donner") was the settlor of a trust created in 1932 (the "1932 trust") and of another created in 1940 (the "Montreal trust"). The third trust at issue was drafted at the direction of William Donner, but was executed in 1940 by one of his daughters, Dora Donner Ide ("Mrs. Ide" and the "Ide...

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