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CARLISLE v. DELAWARE TRUST CO.

Nos. 10, 12.

99 A.2d 764 (1953)

CARLISLE et al. v. DELAWARE TRUST CO. et al. DELAWARE TRUST CO. v. DELAWARE TRUST CO. et al.

Supreme Court of Delaware.

October 24, 1953.

Attorney(s) appearing for the Case

Howard Duane, Wilmington, and Houston Wilson, Georgetown, for appellants.

David F. Anderson (of Berl, Potter & Anderson), Wilmington, for appellee and cross appellant Delaware Trust Co.

W. Reese Hitchens and H. James Conaway, Jr. (of Hering, Morris, James & Hitchens), Wilmington, for appellees Agnes Hubbard, Richard Hubbard, Eva Virginia Lofland, William Carney, Nell A. Beardsley, Edward Stewart, Linda Elizabeth Stewart, Linda Stewart Eklof and Agnes Hubbard Tisch.

Houston Wilson, Georgetown, for cross appellee Elizabeth Vaules Carlisle.

SOUTHERLAND, C. J., and WOLCOTT and TUNNELL, JJ., sitting.

SOUTHERLAND, Chief Justice.

The principal question before us is whether a power of appointment reserved to herself by the settlor of an inter vivos trust was duly exercised by her last will and testament. Two other questions concern the validity of a bequest for the care of cemetery lots, and the apportionment of federal estate taxes.

I. The question of the exercise of the power.

On December 21, 1940...

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