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IN RE ESTATE OF CRIST

C.A. No. 368-N.

863 A.2d 255 (2004)

In re ESTATE OF Kip Kelso CRIST.

Court of Chancery of Delaware, New Castle County.

Decided: December 9, 2004.

Attorney(s) appearing for the Case

W. Donald Sparks, II, Holly O. Paz, Richards, Layton & Finger, Wilmington, DE, for Petitioner, PNC Bank.

David N. Rutt, Moore & Rutt, Georgetown, DE, for Leland Crist.

James P. Dalle Pazze, Herdbeg, Dupont & Dalle Pazze, Wilmington, DE, for Caroline Bowen, Thomas Laurance Bowen, David Douglas Alexander, and Phillip Boden Alexander.

OPINION

LAMB, Vice Chancellor.

I.

In 2001, a woman who had no issue died testate and was survived by her husband. The woman's trust provided, upon her death, for a marital gift to her husband and for the transfer of her residuary estate to a residuary trust. The beneficiaries of the residuary trust are her nieces and nephews. The trustee brings this action seeking instructions in response to a complaint by the husband that the trustee has...

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