Legal Opinion

Weiss v. Weiss

Court of Chancery of Delaware

Decided February 15, 2007No. C.A. No. 1941-NPublishedCited by 4 opinions

1Opinion of the Court

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 the right to delegate a power of nomination. Such a reading both effectuates the legislative intent in enacting the statute and accords with…

2Cases cited14 opinions

  1. Merrill v. Crothall-American, Inc.Supreme Court of Delaware · 1992
  2. Eliason v. EnglehartSupreme Court of Delaware · 1999
  3. Newtowne Village Service Corp. v. Newtowne Road Development Co.Supreme Court of Delaware · 2001
  4. Ingram v. ThorpeSupreme Court of Delaware · 2000
  5. Director of Revenue v. CNA Holdings, Inc.Supreme Court of Delaware · 2003

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3Cited by4 opinions

  1. In Re Last Will and Testament of PaleckiCourt of Chancery of Delaware · 2007
  2. Crown Castle Fiber LLC v. City of WilmingtonSuperior Court of Delaware · 2022
  3. Masimo Corporation v. Joe E. KianiCourt of Chancery of Delaware · 2026
  4. Shareholder Representative Services LLC v. DC Capital Partners Fund II, L.P.Court of Chancery of Delaware · 2022

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