Executive Council of the Protestant Episcopal Church in the Diocese of Delaware, Inc. v. Moss

Duffy, Chancellor:

In this case judicial instructions are sought as to a bequest of $500,000 under the will of Ann B. duPont. Plaintiff is The Executive Council of the Protestant Episcopal Church in the Diocese of Delaware, Inc., a Delaware corporation (“Council”). Defendants are the Standing Committee of the Protestant Episcopal Church of the Diocese of Delaware and individual members of the Committee1 (“Committee”).

A statement of facts was settled upon, and thereafter both the Council and the Committee moved for summary judgment. This is the decision thereon.

I

In 1952 Ann B. duPont, then a…