Hanover Street Presbyterian Church v. Buckson

Seitz, Chancellor:

Plaintiff, Hanover Street Presbyterian Church, a Delaware religious corporation (“plaintiff”), seeks instructions, inter alia, as to whether legacies under three different wills must be held by it as subject to specific trusts. The attorney general was named as defendant. Subsequently, the plaintiff filed a motion with a supporting affidavit seeking a summary judgment to the effect that the funds involved are not subject to express trusts. The defendant resists the motion by taking a contrary position. This is the decision on plaintiff’s motion.

We are concerned with three…