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IN MATTER OF DANIEL KLOIBER DYNASTY TRUST

C.A. No. 9685-VCL.

98 A.3d 924 (2014)

IMO DANIEL KLOIBER DYNASTY TRUST u/a/d December 20, 2002.

Court of Chancery of Delaware.

Decided: August 6, 2014.

Attorney(s) appearing for the Case

W. Donald Sparks, II , Chad M. Shandler , Beth Gansen Knight , Richards, Layton & Finger, PA, Wilmington, Delaware; Matthew P. D'Emilio , Jeremy D. Eicher , Jennifer E. Smith , Cooch & Taylor, P.A., Wilmington, Delaware; Attorneys for Petitioner PNC Delaware Trust Company.

Kevin G. Abrams , J. Peter Shindel, Jr. , Matthew L. Miller , Abrams & Bayliss LLP, Wilmington, Delaware; Attorneys for Petitioner William Nicholas Kloiber.

Grover C. Brown , Peter S. Gordon , William M. Kelleher , Joseph Bosik IV , Phillip A. Giordano , Gordon, Fournaris & Mammarella, P.A., Wilmington, Delaware; Attorneys for Respondent Daniel Joseph Kloiber.

Michael A. Weidinger , Kevin M. Capuzzi , Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, Delaware; Attorneys for Respondent Beth Ann Jenkins Kloiber.

OPINION

LASTER, Vice Chancellor.

In the eyes of the law, respondents Daniel Joseph Kloiber and Beth Ann Jenkins Kloiber remain husband and wife. They have separated and are parties to a contested divorce proceeding pending in Kentucky before the Fayette Family Circuit Court (the "Kentucky Family Court"). That case has been tried, and a decision is expected soon.

Until recently, Dan1 was the primary beneficiary and Special...

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