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NILES v. NILES

111 A.2d 697 (1955)

Robert L. NILES, Jr., and Wilmington Trust Company, a corporation of the State of Delaware, Trustees under the Last Will and Testament of John Barron Niles, Deceased, Plaintiffs, v. Lynam NILES, Isabelle P. Niles, and Philip V. Manning, Guardian of Julian B. Niles, Jr., a minor, Defendants.

Court of Chancery of Delaware, New Castle.

February 25, 1955.

Attorney(s) appearing for the Case

Charles F. Richards (of Richards, Layton & Finger), Wilmington, for plaintiffs.

Thomas Cooch and Thomas Lodge (of Connolly, Cooch & Bove), Wilmington, and Joseph F. McCloy and Esther Glantz (of McCloy & Glantz), New York City, for defendants Lynam Niles and Isabelle P. Niles.

Harold Leshem and Albert J. Stiftel, Wilmington, for Philip V. Manning, guardian of Julian B. Niles, Jr., a minor.

SEITZ, Chancellor.

The ultimate question here is whether the minor defendant, Julian B. Niles, Jr., is the lawful issue of Julian B. Niles so as to be entitled to take under the will of John Barron Niles, deceased.

The basic facts here relevant are not in dispute. John Barron Niles (hereafter called "testator") died domiciled in Delaware on December 15, 1933. His will, executed December 31, 1930, created a trust, appointed plaintiffs as co-trustees,

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