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CHAVIN v. PNC BANK, DELAWARE

No. 359, 2004.

873 A.2d 287 (2005)

Kenneth D. CHAVIN and Jeffrey M. Chavin, Plaintiffs Below, Appellants/Cross-Appellees, 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, Defendant Below, Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided: April 28, 2005.

Attorney(s) appearing for the Case

Grover C. Brown, Esquire (argued), Peter S. Gordon, Esquire, and Robert A. Penza, Esquire, of Gordon, Fournaris & Mammarella, P.A., Wilmington, Delaware, for Appellants/Cross-Appellees.

David J. Ferry, Jr., Esquire, and Rick S. Miller, Esquire (argued), of Ferry, Joseph & Pearce, P.A., Wilmington, Delaware, for Appellee/Cross-Appellant.

Before HOLLAND, BERGER and RIDGELY, Justices.

BERGER, Justice.

In this appeal, we address the aftermath of a decision holding that Florence Chavin's two grandchildren are the residuary beneficiaries of her trust. The trustee of that trust had concluded that the estate of Leslie Chavin was the residuary beneficiary. Based on that mistaken assumption, the trustee incurred substantial administrative expenses in its capacity as administrator of Leslie Chavin's estate, and...

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