IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
KATHRYN MENNEN, SARAH
MENNEN, AL_EXANDRA MENNEN,
SHA_WN MENNEN, and JOHN
l\/TENNEN,
Plaintiffs,
v. C.A. No. 8432-VCL
WILMINGTON TRUST COMPANY,
a Delaware cor oration GEORGE
JE_FP MENNE , and FiDUCIARY
TRUST INTERNATIONAL OF
DELAWARE, m its eapacit as the
cor orate trustee of the TR ST
ES ABLISHED BY GEORGE S.
MENNEN FOR THE BENEFIT OF
GEORGE JEFF MENNEN u/a/d/
1 1/25/1970, a Delaware trust,
Defendants.
REPORT PURSUANT TO
DELAWARE SUPREME COURT RULE 19(c)
WHEREAS:
A. On March 22, 2013, plaintiffs Kathryn Mennen, Sarah Mennen,
Alexandra Mennen, ShaWn Mennen, and John Mennen filed a complaint in the
Delaware Court of Chaneery naming as defendants Wilmington Trust Company,
George Jeff Mennen (“Jeff Mennen”), and the Trust established by George S.
Mennen for the benefit of George Jeff Mennen and his issue by agreement dated
Novernber 25, 1970 (the “J eff Mennen Trust”).
B. On July 25, 2013, OWen Roberts, then the individual trustee of the
Jeff Mennen Trust, Was substituted as a defendant in place of the Jeff Mennen
Trust.
C. On November l, 2013, Roberts moved for summary judgment on the
claims against the J eff Mennen Trust.
D. On January l7, 2014, the Honorable Abigail M. LeGroW of the
Superior Court of the State of Delaware, then serving as a Master in Chancery,
issued a draft report Which recommended that this court grant Roberts’ motion for
summary judgment
E. Trial took place before then-Master LeGroW on February 12-14, 2014.
F. On December 8, 2014, then-Master LeGrow issued a draft report on
the merits.
G. On April 24, 2015, after considering the plaintiffs’ exceptions to her
drafts, then-Master LeGroW issued (i) a final report on the motion for summary
judgment and (ii) a final report on the merits. The Delaware Supreme Court has
referred to the final report on the motion for summary judgment as the “Spendthrift
Ruling.”
H. On April 27, 2015, then-Master LeGroW issued a revised final report
on the merits (the “Merits Report”).
I. On June 10, 2015, this court entered an order holding that the
plaintiffs’ exceptions to the Spendthrift Ruling Were untimely and adopting the
Spendthrift Ruling as a decision of this court. The Delaware Supreme Court has
referred to this order as the “Stril