Legal Analysis
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Nature Of The Case
This section contains the nature of the case and procedural background.
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.
Issues
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Holding & Decision
The court's holding and decision will be displayed here.
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