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BANK OF DELAWARE v. BANCROFT

269 A.2d 254 (1970)

BANK OF DELAWARE, Trustee under the Will of John Bancroft, Plaintiff, v. Esther BANCROFT, Pauline Bancroft Chadwick, Frederika B. Evans, Frances B. Bancroft, A. Gordon Matthews, Carol Jane Bancroft, Lynn duPont Bancroft, and William John Bancroft, Defendants.

Court of Chancery of Delaware, New Castle.

July 30, 1970.

Attorney(s) appearing for the Case

Richard P. Beck, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

Edward W. Cooch, Jr., of Cooch & Taylor, Wilmington, for defendant Esther Bancroft.

Robert W. Wakefield, of Walker, Miller & Wakefield, Wilmington, Guardian Ad Litem for Carol Jane Bancroft, Lynn duPont Bancroft, and William J. Bancroft.

MARVEL, Vice Chancellor:

Bank of Delaware, co-trustee under the will of John Bancroft, seeks instructions on the question as to whether or not a successor trustee for John Bancroft, Jr., its deceased co-trustee, should be appointed.

The will of John Bancroft contained provisions for the creation of two trusts for which John Bancroft, Jr. and the Equitable Trust Company (now the Bank of Delaware) were named as co-trustees. The first trust provided for a life...

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