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EQUITABLE SECURITY TRUST CO. v. HOME FOR AGED WOMEN

123 A.2d 117 (1956)

EQUITABLE SECURITY TRUST COMPANY, a corporation of the State of Delaware, Executor under the Will of Jessie Lungren Woodington, deceased, Plaintiff, v. HOME FOR AGED WOMEN, a corporation of the State of Delaware, The Home of Merciful Rest Society, a corporation of the State of Delaware, Anna Baldwin, John F. Baldwin, Samuel Baldwin, William H. Baldwin, Ethel MacAfee, Adele G. Rudolph, William N. Guthrie, Joseph D. Craven, Attorney General of the State of Delaware, Delaware Association for the Blind, a corporation of the State of Delaware, and Jessie Wilson, J. Francis Blaine, Emil R. Mayerberg, Francis Cummings, Herbert B. Mearns and Katherine Wright, in their representative capacities as Commissioners of the Delaware Commission for the Blind, Defendants.

Court of Chancery of Delaware, New Castle.

May 31, 1956.

Attorney(s) appearing for the Case

John J. Morris, Jr., of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

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

William Poole and Blaine T. Phillips, of Berl, Potter & Anderson, Wilmington, for defendants, Anna Baldwin, Samuel Baldwin and Ethel MacAfee, possible next of kin.

J. Rankin Davis, Wilmington, for defendants, Adele G. Rudolph and William N. Guthrie, possible next of kin.

James R. Morford of Morford & Bennethum, Wilmington, for defendants, Delaware Association for the Blind and Delaware Commission for the Blind.

The other defendants failed to appear and a default judgment was entered against them.

SEITZ, Chancellor.

This is a complaint for instructions by the executor of the will of Jessie Lungren Woodington who died July 4, 1955, leaving a will dated January 18, 1927, with a codicil dated January 21, 1927.

The following is the paragraph in dispute:

"I leave my entire estate to my husband for his life time at his death to be equally divided among the following: The Home for Aged Women, Blind of Delaware, Home for Incurables, sometimes call...

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