Kimmel v. Wilmington Trust Co.

DUFFY, Chancellor:

This is an action by the Administrators, C.T.A. of the Estate of Josiah Marvel Scott against Wilmington Trust Company to recover moneys allegedly owed to the Estate. This is the decision on defendant’s motion for summary judgment.

A

On June 6, 1960 the Court entered an order appointing Wilmington Trust Company, and Mr. Scott as successor trustees of a trust created under the will of William H. Fenn, deceased. The order provided:

“(4) That all of the assets of said respective trust estates, including cash, and all certificates and evidences or other muniments of title to said…