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LYNN v. CLINTON

113 A.2d 573 (1955)

John F. LYNN, Executor under the last Will and Testament of Jacob A. Melvin, deceased, Plaintiff, v. Helen CLINTON, Russell Clinton, Jr., Louis Clinton, James Clinton, Howard C. Clinton, Edwin Clinton, Rena Woodridge, Margaret Lichfield, Clara McCabe, also known as Clara Winbrow, The Home of Merciful Rest, a corporation of the State of Delaware, Young Men's Christian Association, a corporation of the State of Delaware, Harvey S. Clinton, Russell Clinton, Sr., Dorothy M. Clinton, Defendants.

Court of Chancery of Delaware, New Castle.

April 29, 1955.

Attorney(s) appearing for the Case

Victor J. Colombo, Wilmington, for plaintiff-executor.

John S. Walker and Frank J. Miller, Wilmington, for defendant, Dorothy M. Clinton.

A. James Gallo and Howard Duane, Wilmington, for defendants, Helen Clinton, Russell Clinton, Jr., Louis Clinton, James Clinton, Howard C. Clinton, Edwin Clinton, Rena Woodridge, Clara McCabe and Russell Clinton, Sr.

William A. Worth, Jr., of Richards, Layton & Finger, Wilmington, for defendant, The Home of Merciful Rest.

John T. Gallagher of Morris, Steel, Nichols & Arsht, Wilmington, for defendant, Young Men's Christian Association.

The defendant Harvey S. Clinton did not appear.

SEITZ, Chancellor.

This is the decision after final hearing on the executor's complaint seeking instructions as to the proper construction of Item 16 of the will of Jacob A. Melvin, dated February 20, 1951. He died a childless widower April 15, 1953.

I summarize the provisions of his will. Items 1 and 2 are not here material. By Items 3 to 9 inclusive he made specific bequests of $1200 each to his nephew's wife and to each of his nephew's children except Harvey...

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