In her Final Report, Master LeGrow Adopts the Ruling of her Draft Report that the Beneficiaries of a Trust Cannot Pierce the Co-Trustee Spendthrift Provision of his Separate Trust

Kathryn Mennen et al v. Wilmington Trust Company et al C.A. No. 8432 (Motion for Summary Judgment)(April 24, 2015)

On January 17, 2014, the Master in Chancery issued a draft report denying the beneficiaries’ motion for summary judgment and concluding that the court could not pierce the spendthrift clause of the co-defendant trustee’s separate trust due to the trustee’s repeated wrongdoings. Our summary of this case can be found here. In the interest of efficiency, and in recognition that the parties would be engaged in trial soon after the issuing of the draft report, the Master stayed the time period to take exceptions to the draft report until she issued a draft post-trial report resolving the beneficiaries claims against the co-trustees.

On April 24, 2015, the Master in Chancery issued her Final Report, adopting her ruling in her Draft Report. But for a few non-substantive changes, the Final Report is nearly identical to the Draft Report.


Phillip Giordano, GF&M Law
Gordon, Fournaris & Mammarella, P.A.
William M. Kelleher, Director
Gordon, Fournaris & Mammarella, P.A.