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SECURITY TRUST CO. v. IRVINE

93 A.2d 528 (1953)

SECURITY TRUST CO. v. IRVINE et al.

Court of Chancery of Delaware, New Castle.

January 2, 1953.

Attorney(s) appearing for the Case

H. James Conaway, Jr., of the firm of Hering, Morris, James & Hitchens, Wilmington, for plaintiff.

James Rankin Davis, Wilmington, for defendants James Rankin Davis, executor under the last will and testament of Margaret W. Irvine, deceased, and Samuel L. Irvine.

Joseph Donald Craven, Wilmington, for defendants Mary Hope Wilson and Helen G. Wilson Miller.

Thomas Herlihy, Jr., Wilmington, for defendants Frazer Wilson, Jeannette A. Wilson, Grace Wilson Gearhart, and Jeannette A. Wilson, executrix or administratrix of the estate of Samuel H. Wilson, deceased.

Henry Van Der Goes, of the firm of Young and Wood, Wilmington, for defendants Margaret W. Hanby, Frederick W. Kurtz, executor under the last will and testament of Mary E. Wilson, deceased, and Charles C. Kurtz, executor and trustee under the last will and testament of Martha B. Wilson, deceased.

BRAMHALL, Vice Chancellor.

In this case this court is asked to determine two issues: (1) whether or not the residuary estate left to brothers and sisters of the testator vested as of the date of his death or at the time of the death of the last life tenant; (2) if it should be decided that the residuary estate vested as of the time of the death of the testator, do the life tenants take as members of the class of brothers and...

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