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IN RE COUCH TRUST

C.A. No. 1850-S.

723 A.2d 376 (1998)

In re Nancy W. COUCH TRUST u/w created November 10, 1978.

Court of Chancery of Delaware, Sussex County.

Decided: June 26, 1998.

Attorney(s) appearing for the Case

Stephen P. Ellis, (argued) and Lynn R. O'Donnell, of Sergovic & Ellis, P.A., Georgetown, Delaware, for Petitioner.

E. Scott Bradley, of Young, Conaway, Stargatt & Taylor, LLP, Georgetown, Delaware, for Respondent.

OPINION

LAMB, Vice Chancellor.

I. INTRODUCTION

Petitioner, Helen W. Ruff, the life income beneficiary of a testamentary trust, filed this petition on November 25, 1996 seeking (i) a determination that she is entitled to invade the trust principal to pay educational expenses of her children; and (ii) an order removing PNC Bank ("PNC") as trustee of the trust for allegedly abusing its discretion and acting in bad faith in its administration of the...

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