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SMITH v. SAVIN

73 A.2d 785 (1950)

SMITH et al. v. SAVIN et al.

Court of Chancery of Delaware, Kent.

June 8, 1950.

Attorney(s) appearing for the Case

Howard E. Lynch, Jr., Dover, for plaintiffs as administrator and administratrix.

John B. Hutton, Dover, and R. Archibald Smith, Kansas City, Mo., for plaintiff Katherine D. Smith, individually.

William J. Storey, Dover, for plaintiff Harold A. Powell, individually.

Albert W. James and Howard L. Williams (of Hering, Morris, James & Hitchens), Wilmington, for defendants Flora Savin, William J. Heydrick, Ada M. Johnson, Beatrice Baker, Alice L. Buck, Elizabeth Little and Helen Little, certain of the heirs at law and next of kin of testatrix.

Henry J. Ridgely, Dover, for defendant Dorothy Powell.

SEITZ, Vice Chancellor.

This complaint seeks an interpretation of the will of Ray Heydrick Powell, who died testate on February 10, 1948. The will, which is dated February 15, 1945, first bequeaths certain sums of money and then bequeaths and devises the residue to the husband of the testatrix in the event he survives her. The will then contains the provision which is here involved: "Fourth: In the event of the death of my husband Walter A. Powell before my death...

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