IN RE ESTATE OF du PONT

Civ. A. No. 13055.

663 A.2d 470 (1994)

In re ESTATE OF Eugene du PONT.

Court of Chancery of Delaware, New Castle County.

Decided July 20, 1994.


Attorney(s) appearing for the Case

W. Donald Sparks, II, and John T. Dorsey, Richards, Layton & Finger, Wilmington, for The Medical Center of Delaware.

Clark W. Furlow, and Joanne M. Shalk, Smith, Katzenstein & Furlow, Wilmington, for Eugene du Pont, III.

Steven C. Blackmore, Deputy Attorney General, Department of Justice, Wilmington.


OPINION

ALLEN, Chancellor.

In this action the Medical Center of Delaware, as the trustee of funds held under the will of the late Eugene du Pont, seeks judicial approval of a plan of expenditure of trust funds that is not expressly permitted or contemplated by the instrument under which it holds those funds. In making this request the Medical Center asserts that the expenditures that are expressly contemplated by the governing instruments are no longer practicable...

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