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VAN BAELEN v. EQUITABLE SECURITY TRUST COMPANY

122 A.2d 122 (1956)

Armand VAN BAELEN and Jeanne M. Van Baelen v. EQUITABLE SECURITY TRUST COMPANY, a Corporation of the State of Delaware, Executor of the Last Will and Testament of Marie A. V. Speakman, Deceased.

Superior Court of Delaware, New Castle.

April 12, 1956.

Attorney(s) appearing for the Case

Robert C. Barab, Wilmington, for plaintiffs.

David B. Coxe, Jr., and Robert B. Walls, Jr., Wilmington, for defendant.

CAREY, Judge.

The sole question for decision is whether plaintiffs' claim is barred by Title 12, Section 2102, Revised Code 1953, which provides in part as follows:

"* * * all claims against the estate of the decedent, whether due, not due or contingent and including any claim on a bond secured by a mortgage on real estate, not presented to the executor or administrator in writing with an affidavit provided for in section 2104 of this title, and of which...

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