Legal Opinion
In re Mary R. Latimer Trust
Court of Chancery of Delaware
Decided August 2, 2013No. C.M. No. 17254-N-VCLPublishedCited by 2 opinions
1Opinion of the Court
OPINION
LASTER, V.C.
The Wilmington and Brandywine Cemetery (the “Cemetery”) and PNC Bank, N.A. (the “Trustee”) petitioned to modify a trust established for the maintenance of two burial lots (the “Trust”). Contending that the Trust has a charitable purpose, they relied on the common law doctrine of cy pres, Delaware’s statutory codification of the cy pres doctrine, and the common law doctrine of deviation. The petition is denied.
I. FACTUAL BACKGROUND
Mary R. Latimer (the “Settlor”) established the Trust pursuant to an agreement dated December 3, 1924, among the Set-tlor and the predecessors to…
2Cases cited5 opinions
- Planned Parenthood Ass'n v. Tax CommissionerOhio Supreme Court · 1966
- Bank of Delaware v. BucksonCourt of Chancery of Delaware · 1969
- Delaware Trust Co. v. GrahamCourt of Chancery of Delaware · 1948
- Anderson v. Mount Zion Cemetery Ass'nCourt of Chancery of Delaware · 1962
- In Re Estate of Du PontCourt of Chancery of Delaware · 1994
3Cited by2 opinions
- Douglas W. du Pont v. Wilmington Trust CompanyCourt of Chancery of Delaware · 2017
- Douglas W. du Pont v. Wilmington Trust CompanyCourt of Chancery of Delaware · 2017