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PRICE v. WILMINGTON TRUST CO.

Civil Action No. 12476.

730 A.2d 1236 (1997)

Shirley PRICE, as Executrix for the Estate of Sherrelldein Price, Plaintiff, v. WILMINGTON TRUST COMPANY, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: October 7, 1997.

Revised: October 9, 1997.

Attorney(s) appearing for the Case

Francine R. Solomon, Wilmington, Delaware, of counsel Todd S. Collins, (argued), of Berger & Montague, P.C., Philadelphia, Pennsylvania, for Plaintiff, Shirley Price.

William J. Wade, (argued), Frederick L. Cottrell, III, and John T. Dorsey, of Richards, Layton & Finger, Wilmington, Delaware, for Defendants.

OPINION

LAMB, Vice Chancellor.

I. Background

Plaintiff seeks an order certifying this action for breach of express trust as a class action, pursuant to Chancery Court Rules 23(a) and 23(b)(3), consisting of two classes, as follows: (i) all beneficiaries of express trusts for which Wilmington Trust Company ("WTC") acted as trustee, the assets of which at any time during the period August 1, 1983 through May 7, 1987 were invested, in whole...

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