Security Trust & Safe Deposit Co. v. Farrady
Court of Chancery of Delaware
Bill for Instructions to a Trustee and Executor. On April 27th, 1909,-Elizabeth Campbell executed a deed of trust to the Security Trust and Safe Deposit Company, disposing of $2,500 of her estate, and on the same date made a will, in which said Company was named as executor, disposing of the balance of her estate.
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Bill for Instructions to a Trustee and Executor. On April 27th, 1909,-Elizabeth Campbell executed a deed of trust to the Security Trust and Safe Deposit Company, disposing of $2,500 of her estate, and on the same date made a will, in which said Company was named as executor, disposing of the balance of her estate. The deed of trust contained no power of revocation, but on December 13th, 1909, the said Elizabeth Campbell signed a revocation thereof, and made another will disposing of her entire estate. The bill sought instructions as to the effect of said revocation and directions as to the…
1Opinion of the Court
The Chancellor:
The facts as shown by the evidence arc that Elizabeth Campbell in April, 1909, being then about *308seventy years of age and seriously ill with an incurable and painful disease, but being then in the possession of her mental faculties, expressed a desire to make some disposition of her property in trust, and by advice of her physician, the trust officer of the Security Trust and Safe Deposit Company, Mr. Rossell, was consulted in an interview had at her house. At that interview Elizabeth Campbell, the settlor, stated to Mr. Rossell in substance, as he testified, and without giving…
2Cases cited3 opinions
- Sands v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1907
- Taylor v. ButtrickMassachusetts Supreme Judicial Court · 1896
- Crumlish v. Security Trust & Safe Deposit Co.Court of Chancery of Delaware · 1899
3Cited by2 opinions
- Kalt v. YoungworthCalifornia Supreme Court · 1940
- du Pont v. du PontCourt of Chancery of Delaware · 1933