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CHAVIN v. PNC BANK, DELAWARE

C.A. No. 18366.

830 A.2d 1220 (2003)

Kenneth D. CHAVIN and Jeffrey M. Chavin, Plaintiffs, v. PNC BANK, DELAWARE, a Delaware corporation, as Trustee of the Florence Chavin Trust u/a/d 9/12/91, as amended, and as Administrator of the Estate of Leslie Sanford Chavin and Harlan Miller, Defendants.

Court of Chancery of Delaware.

Decided: June 3, 2003.

Attorney(s) appearing for the Case

Robert A. Penza, and Peter S. Gordon, Gordon, Fournaris & Mammarella, Wilmington, DE, for Plaintiffs.

David J. Ferry, Jr., and Rick S. Miller, Ferry & Joseph, P.A., Wilmington, DE, for Defendant PNC Bank, Delaware.

Thomas Herlihy, III, Herlihy Harker & Kavanaugh, Wilmington, DE, for Defendant Harlan Miller.

OPINION ON REMAND

LAMB, Vice Chancellor.

I.

PNC Bank, acting as trustee of a revocable trust created by Florence Chavin, interpreted the residuary clause of that trust to provide for distribution of the balance of the trust after Florence's death to her son, Leslie. Leslie survived his mother but was murdered before PNC Bank completed the administration of her estate and before he received any distributions from the trust. After Leslie died, Florence...

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