Friedley v. Security Trust & Safe Deposit Co.
Court of Chancery of Delaware
Bill for Construction of Will and Revocation of the Appointment of a Trustee. The case is before the court on a motion for a decree notwithstanding the answer, and was heard under the new equity rule No. 29-A, adopted January 1, 1912. The bill was filed by the executors of John Alexander against the Security Trust and Safe Deposit Company, appointed by the Chancellor trustee under the will of George Jones in the place of John Alexander, the testamentary trustee, after his…
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Bill for Construction of Will and Revocation of the Appointment of a Trustee. The case is before the court on a motion for a decree notwithstanding the answer, and was heard under the new equity rule No. 29-A, adopted January 1, 1912. The bill was filed by the executors of John Alexander against the Security Trust and Safe Deposit Company, appointed by the Chancellor trustee under the will of George Jones in the place of John Alexander, the testamentary trustee, after his death, and against the beneficiaries under the will-of John Alexander. George Jones, by his will, probated in 1867, by the…
1Opinion of the Court
The Chancellor.
The motion argued is one by the complainant for a decree notwithstanding the answers, and is *81in the nature of a demurrer to the answers. The new rule of court provides a way to test the main question raised in .this case in limine, without waiting for a determination of it at the end of the usual proceeding to bring a cause to trial in Chancery.
By their bill, the executors of John Alexander seek a revocation of the appointment of a trustee to succeed John Alexander, the trustee named in the will. Two questions should be considered: (1) Should the appointment have been made, and…
2Cases cited9 opinions
- Hooper v. FelgnerCourt of Appeals of Maryland · 1894
- Jamison v. McWhorterSupreme Court of Delaware · 1885
- Sheaff's EstateSupreme Court of Pennsylvania · 1911
- Jacobs v. Wilmington Trust Co.Supreme Court of Delaware · 1911
- Wilmington Trust Co. v. JacobsCourt of Chancery of Delaware · 1910
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3Cited by3 opinions
- Wier v. Howard Hughes Medical InstituteCourt of Chancery of Delaware · 1979
- Fidelity Trust Co. v. AlexanderCourt of Appeals for the Third Circuit · 1917
- Jones v. PeirceCourt of Chancery of Delaware · 1920