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SECURITY TRUST CO. v. HANBY

79 A.2d 807 (1951)

SECURITY TRUST CO. v. HANBY et al.

Court of Chancery of Delaware, New Castle.

April 13, 1951.

Attorney(s) appearing for the Case

Howard L. Williams (of Hering, Morris, James & Hitchens), Wilmington, for plaintiff.

Geo. Gray Thouron (of Southerland Berl & Potter), Wilmington, for defendants.

SEITZ, Vice Chancellor.

This is an action by plaintiff, testamentary trustee, seeking, in the main, a determination of the effect on Delaware real estate of a widow's election to take against her husband's will in Pennsylvania — their domiciliary state.

The testator, Albert T. Hanby, died domiciled in Philadelphia, Pennsylvania, on July 13, 1947. His will was there probated. Under Item Third of his will, the testator left the residuary estate in trust...

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