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ANNAN v. WILMINGTON TRUST CO.

559 A.2d 1289 (1989)

Phaedra ANNAN, Respondent Below, Appellant, v. 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 Below, Appellee, and Stephanie Kay Watters Hanson, Michelle Dutra de Amorim and the minor and unascertained issue of Donner Hanson, Some of the Respondents Below, Appellees.

Supreme Court of Delaware.

Decided: May 2, 1989.

Rehearing Denied: May 26, 1989.

Attorney(s) appearing for the Case

David A. Drexler (argued), and Leone L. Ciporin of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellant.

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

Roger A. Akin (argued) of Sawyer & Akin, P.A., Wilmington, Guardian ad litem for Michelle Dutra de Amorim and the unascertained issue of Donner Hanson.

Joseph H. Geoghegan, and Daniel F. Lindley of Potter, Anderson & Corroon, Wilmington; David G. Dundas of Simon, McKinsey, Miller, Zommick, Sandor & Dundas, Irvine, Cal., of counsel, for Bank of California, Guardian of the Estate of Appellee Stephanie Kay Watters Hanson.

Before CHRISTIE, C.J., MOORE and WALSH, J.

MOORE, Justice.

This appeal arises out of a Request for Instructions filed by Wilmington Trust Company in its capacity as trustee for three trusts created by the William H. Donner family. We are confronted with the question of whether the terms "issue" and "lineal descendants" were intended under the terms of the trusts to include illegitimate offspring. Wilmington Trust petitioned the Court of Chancery for a determination of whether the illegitimate children of Donner...

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