Legal Opinion

Security Trust Co. v. Willett

Court of Chancery of Delaware

Decided June 1, 1953PublishedCited by 6 opinions

1Opinion of the Court

Seitz, Chancellor:

The principal issues are the validity of a so-called cemetery trust and if valid, the disposition of an admitted excess in that trust.

By Item Thirteenth of her will dated March 9, 1923, Anna Plunkett left $5,000 in trust with what is now Equitable Security Trust Company. The net income was to be applied forever for the • maintenance of certain family cemetery lots and tomb stones. By the residuary clause in her will the testatrix created a trust fund in favor of the Little Sisters of the Poor, Inc. Testatrix died September 16, 1924.

The Little Sisters, because of certain…

2Cases cited1 opinion

  1. Delaware Trust Co. v. GrahamCourt of Chancery of Delaware · 1948

3Cited by6 opinions

  1. Earney v. ClayMissouri Court of Appeals · 1974
  2. Gottlieb v. Heyden Chemical Corp.Supreme Court of Delaware · 1954
  3. First National Bank of Kansas City v. StevensonSupreme Court of Missouri · 1956
  4. Anderson v. Mount Zion Cemetery Ass'nCourt of Chancery of Delaware · 1962
  5. Security Trust Co. v. WillettCourt of Chancery of Delaware · 1953

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