Cooling v. Security Trust Co.

49 A.2d 121 (1946)

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Nature of the Case

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Facts

The bill of complaint was filed by Cooling (P) as guardian ad litum by court appointment for her two minor children who were beneficiaries under a trust. Security Trust (D) was the trustee under the last will of Cooling Sr. and was trustee of the estate of which the minors were beneficiaries. D was also the guardian of the minor children by appointment of the Orphans’ Court. The bill that was filed was in the form of exceptions, which P claimed that D should file to its accounts as co-executor. P alleged that the exceptions must be filed to be in compliance with the Constitution and Statute of the State of Delaware. The bill then prayed for a mandatory preliminary injunction to order D to file exceptions to the final account filed by the co-executor of Sr.’s estate. The court granted P’s bill. D moved to dissolve the mandatory preliminary injunction that was granted in that the issuance of such an injunction was an abuse of discretion.