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IN RE CAPALDI

No. 293, 2004.

870 A.2d 493 (2005)

In the Matter of the UNFUNDED INSURANCE TRUST AGREEMENT OF Emilio M. CAPALDI, Deceased. Lawrence J. Capaldi and Joseph M. Capaldi, Petitioners Below, Appellants, v. Roseanna Richards, Joseph L. Capano, Sr. and Laurie Mason, guardian of Rose M. Capaldi, a disabled person, Respondents Below, Appellees.

Supreme Court of Delaware.

Decided: March 4, 2005.

Attorney(s) appearing for the Case

David J. Ferry, Jr., Rick S. Miller (argued) of Ferry, Joseph & Pearce, P.A., Wilmington, DE, for Petitioners Below-Appellants.

Adam Balick of Balick & Balick, Wilmington, DE, for Trustee Joseph L. Capano, Appellee.

Richard H. Cross, Jr. (argued) and Amy Evans of Cross & Simon, L.L.C., Wilmington, DE, for Appellee Roseanna Richards.

Before STEELE, Chief Justice, HOLLAND, Justice, and VAUGHN, President Judge.

STEELE, Chief Justice:

In this trust litigation, co-beneficiaries Lawrence and Joseph Capaldi appeal a judgment of the Court of Chancery restructuring the Emilio M. Capaldi Trust. Lawrence and Joseph claim that the Vice Chancellor erred by retaining Appellee Joseph Capano as trustee, by directing that Capano's attorneys' fees and costs be paid by the trust, and by ordering them to...

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