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SMITH v. TRUITT

Civ. A. No. 567.

115 A.2d 707 (1955)

Walter H. SMITH, Executor under the last Will and Testament of Bertha Truitt McKaig, deceased, Plaintiff, v. Audrey TRUITT, Mary Alice Truitt Horn, Audrey Jane Truitt McCabe, Leon C. Truitt, Mabel Madeline Lux, Alfred W. Truitt, Pearl Smith, Katherine Pernet, Emma Truitt, Louise Huber, Margaret Seugling, Henry R. Lee, Frank P. Lee, Jr., Scott Methodist Church, a religious corporation of the State of Delaware; and Asbury Methodist Church, a religious corporation of the State of Delaware, and Walter H. Smith, Defendants.

Court of Chancery of Delaware, New Castle.

July 5, 1955.

Attorney(s) appearing for the Case

H. Eugene Savery, Wilmington, for plaintiff-executor.

H. Eugene Savery, Wilmington, for defendant Walter H. Smith.

J. Rankin Davis, Wilmington, for defendants Mary Alice Truitt Horn and Audrey Jane Truitt McCabe.

Default judgment entered against other defendants.

SEITZ, Chancellor.

This will construction case is in effect submitted to the Court for decision on the pleadings. The parties are in agreement as to the issues presented.

By her will the testatrix first gave certain instructions to the executor and then provided for certain specific non-monetary legacies. By Paragraph 7 of her will she provided as follows:

"7. — 20% of estate I give to my brother Ruliff L. Truitt. If he predeceases me his 20...

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