JAMES v. EQUITABLE SECURITY TRUST COMPANY


111 A.2d 342 (1955)

Albert W. JAMES, Executor of the Last Will and Testament of Joseph Naman, deceased, Plaintiff, v. EQUITABLE SECURITY TRUST COMPANY, a corporation of the State of Delaware, Trustee under the Last Will and Testament of Joseph Naman, deceased, Rose Naman and Minna Naman Tessler, Defendants.

Court of Chancery of Delaware, New Castle.

February 1, 1955.


Attorney(s) appearing for the Case

Edmund D. Lyons of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

William A. Worth, Jr., of Richards, Layton & Finger, Wilmington, for defendant Equitable Security Trust Co.

Harry Rubenstein, Wilmington, and Howard M. Handelman, for defendant Rose Naman, Wilfred J. Smith, Jr., Wilmington, for defendant Minna Naman Tessler.


MARVEL, Vice Chancellor.

Joseph Naman died a resident of Wilmington, Delaware, on February 1, 1954, leaving a widow and a married daughter who are the beneficiaries named in his will. Mr. Naman's last will, which he had executed on December 22, 1953, was admitted to probate in New Castle County. It named Albert W. James, executor, and Mr. James' complaint requests instructions from this Court on whether or not to sell or...

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