First National Bank & Trust Co. v. First National Bank & Trust Co.

Seitz, Chancellor:

Plaintiffs seek instructions as to whether a portion of the corpus of one testamentary trust (“Needy Poor”) can be transferred under the cy pres doctrine to assist in effectuating the testator’s intention with respect to another trust (“Library”).

Plaintiffs are co-trustees under the will of Daniel Hirsch, deceased. They are also named as defendants in their capacities as co-trustees under the testamentary trusts involved in this litigation.1 Because public charities were involved, the Attorney General was made a party defendant. His office took no active part in the case.

Basi…