Supreme Court of Delaware

In a trust litigation, the Vice Chancellor abused his discretion when he denied plaintiffs their attorney fees and costs since he overweighed their motivation in instituting the underlying lititgation and undervalued the improvements to the administration of the Trust resulting from the litigation.

Appellate Information

• Decided 03/07/2005
• Published 03/07/2005

Judges

• STEELE, Chief Justice:, Before STEELE, Chief Justice, HOLLAND, Justice, and VAUGHN, President Judge.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• David J. Ferry, Jr., Rick S. Miller (argued) of Ferry, Joseph & Pearce, P.A., Wilmington, DE, for Petitioners Below-Appellants.


• For Appellees:
  
• Adam Balick of Balick & Balick, Wilmington, DE, for Trustee Joseph L. Capano, Appellee., Richard H. Cross, Jr. (argued) and Amy Evans of Cross & Simon, L.L.C., Wilmington, DE, for Appellee Roseanna Richards.