EDMONDS v. WHITE

Civil Action No. 650.

118 A.2d 608 (1955)

Natalie duPont EDMONDS and Hugh R. Sharp, Jr., Executors of the Last Will and Testament of Pierre S. duPont, Deceased, Plaintiffs, v. James A. WHITE, William H. Kraemer, Ellen G. White, Mary Ethel Hunt, Ophelia Dent, Emily Storck Kraemer, John Kudlacek, William Farrington, Frank L. Battan, Hayes H. Battan, Edward A. Garbright, John M. Johnson, Roy Johnson, Cornelius J. Kenney, John Maclnnes, John H. Marx, Catherine A. McAllister, Frank S. Miller, Fred Miller, Alice S. Pierson, Carl F. Pyle, Ernest R. Robinson, Ernest F. Saunders, Lewis B. Smith, Roland W. Taylor, George E. Thompson, Caleb S. Toulson, James P. Truss, Edna S. Wade, Edgar L. White and Longwood Foundation, Inc., a corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle County.

December 2, 1955.


Attorney(s) appearing for the Case

William S. Potter of Berl, Potter and Anderson for plaintiffs.

Edmund N. Carpenter, II, of Richards, Layton & Finger, Wilmington, for individual defendants.

Alexander L. Nichols, of Morris, Steel, Nichols & Arsht, Wilmington, for defendant, Longwood Foundation, Inc.


SEITZ, Chancellor.

Based on the evidence and arguments of counsel I have reached the following conclusions with respect to the instructions requested by the executors:

1. The executors, who in respect to certain of the matters here treated are really trustees, are authorized to purchase the annuity contract in substantially the form set forth in Exhibit C to the complaint as modified by the agreement of counsel. (Codicils Nos. 12, 13, 14, 16, 17, 19, 22, 26...

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