A. B. v. Wilmington Trust Co.

Southerland, Chief Justice:

This is a suit by the settlor of an inter vivas trust seeking to terminate the trust on the ground that all parties in interest (with one exception) are living, are sui juris, and have consented to the termination.

In the court below, plaintiff and defendant trustee filed cross motions for summary judgment. The case was heard on the pleadings and affidavits, and the Vice Chancellor granted the trustee’s motion. Plaintiff appeals.

Plaintiff’s father died on September 28, 1916. By his will he left his estate in trust for his wife for life, with remainder over to his…