Legal Opinion
Wilmington Trust Co v. Grier
Court of Chancery of Delaware
Decided July 27, 1932PublishedCited by 11 opinions
1Opinion of the Court
The Chancellor :
Whether a power has been executed by the donee thereof is a question of intention. If the intention does not affirmatively appear, it is considered that *38the donee elected not to execute the power. Lane v. Lane, 4 Pennewill, 368, 55 A. 184, 64 L. R. A. 849, 103 Am. St. Rep. 122; Security Trust & Safe Deposit Co. v. Ward, 10 Del. Ch. 408, 93 A. 385; Equitable Trust Co. v. Paschall, et al., 13 Del. Ch. 87, 115 A. 356. Such is the rule in this State. In some jurisdictions, however, the rule is otherwise—that is to say, an intention to exercise the power is to be presumed in the…
2Cases cited5 opinions
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Lane v. LaneSupreme Court of Delaware · 1903
- Wilmington Trust Co. v. HoulehanCourt of Chancery of Delaware · 1925
- Security Trust & Safe Deposit Co. v. WardCourt of Chancery of Delaware · 1915
- Equitable Trust Co. v. PaschallCourt of Chancery of Delaware · 1921
3Cited by11 opinions
- Wilmington Trust Co. v. Wilmington Trust Co.Court of Chancery of Delaware · 1935
- Carlisle v. Delaware Trust Co.Supreme Court of Delaware · 1953
- Security Trust Co. v. SpruanceCourt of Chancery of Delaware · 1934
- Delaware Trust Co. v. Delaware Trust Co.Court of Chancery of Delaware · 1953
- Equitable Trust Co. v. CauseyCourt of Chancery of Delaware · 1939
6 more not listed; retrieve them via the Exa API.