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STABLER v. RAMSAY

Nos. 3, 4, May Session, 1951.

89 A.2d 544 (1952)

STABLER et al. v. RAMSAY et al. BLACKSON et al. v. RAMSAY et al.

Supreme Court of Delaware.

June 5, 1952.

Attorney(s) appearing for the Case

William S. Potter and James L. Latchum (of Berl, Potter & Anderson), of Wilmington, for Jane Ramsay Stabler, Mary Ramsay Phelps and Caroline Ramsay Chandler, plaintiff-appellants, respondents to petition for re-argument.

Aaron Finger and Alexis I. duPont Bayard (of Richards, Layton & Finger), of Wilmington, for Walter Blackson, surviving trustee under will of William G. Ramsay, deceased, and Wilmington Trust Co., surviving trustee for Caroline R. Chandler et al., defendant-appellants, respondents to petition for re-argument.

William H. Foulk and Herbert L. Cobin, of Wilmington, for Joseph Gales Ramsay and Albert L. Massey, guardian ad litem for Alexandra Morris Ramsay, appellees, petitioners for re-argument.

TUNNELL, Justice, SEITZ, Chancellor, and CAREY, Judge, sitting.

TUNNELL, Justice.

The appellees' petition alleges that in construing the 1946 contract the Court ignored "the basic and fundamental factual situation in this case, which is undisputed; namely, that each of the sisters had transferred her vested interest in her one-fifth of the estate by her 1926" assignment and, consequently, that "it was impossible to have a `trenching' upon the original one-fifth share of each of the three sisters for each had transferred that to...

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