WEISS v. WEISS

C.A. No. 1941-N.

952 A.2d 149 (2007)

Robert J. WEISS, Plaintiff, v. Lyle P. WEISS and Wachovia Securities, LLC, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: February 15, 2007.


Attorney(s) appearing for the Case

David F. Ferry, Jr., Esquire, Rick S. Miller, Esquire, Ferry, Joseph & Pearce, P.A., Wilmington, Delaware, Attorneys for the Plaintiff.

Robert A. Penza, Esquire, Peter M. Sweeney, Esquire, Gordon, Fournaris & Mammarella, P.A., Wilmington, Delaware, Attorneys for Lyle P. Weiss.


OPINION

LAMB, Vice Chancellor.

A disinherited son brings an action challenging the validity of his mother's express delegation of her statutorily created power to nominate a custodian of certain property transferred to her grandchildren upon her death. Although the relevant provision of the Delaware Uniform Transfers to Minors Act does not expressly address such a delegation, the court holds that a proper reading of the statute necessarily provides...

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