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TAORMINA v. TAORMINA CORPORATION

109 A.2d 400 (1954)

Rosa Maggio TAORMINA, Executrix under the Last Will and Testament of Calogero Taormina, Deceased, and Samuel Miles Fink, Ancillary Administrator of the Estate of Calogero Taormina, Deceased, Plaintiffs, v. TAORMINA CORPORATION, a corporation of the State of Delaware; Eustachio A. Taormina; Madeline Mule Taormina; Madeline Mule Taormina, guardian for Rosalie Jane Taormina; Frank Culicchia; Mary Taormina; Mary Taormina, Usufructuary for Rose, Anthony F., Mary Ella and Josephine Taormina; Anthony F. Taormina; Charles A. Messina, Individually and as copartners trading under the firm name of Taormina Company, Defendants. Rosalie Maria Agnes Taormina Compagno, Intervener.

Court of Chancery of Delaware, New Castle.

November 24, 1954.

Attorney(s) appearing for the Case

James L. Latchum (of Berl, Potter & Anderson), Wilmington, and Samuel Miles Fink, New York City, for plaintiffs.

Josiah Marvel, Jr. (of Logan, Marvel, Boggs & Theisen), Wilmington, and W. W. Young (of Terriberry, Young, Rault & Carroll), New Orleans, La., for intervener.

SEITZ, Chancellor.

While this case is now before the Court for the entry of a decree of distribution of the personal assets of the estate of Calogero Taormina (called "Taormina" or "decedent") located in Delaware, the question to be determined is the law governing such distribution.

The parties are in agreement that the following statement of legal principles found in a previous opinion of the preceding Chancellor in Taormina v. Taormina Corp., Del.Ch.,

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