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RUTH v. RUTH

123 A.2d 132 (1956)

Charles H. RUTH, Jr., Executor of the Last Will and Testament of John H. Stirlith, deceased, Plaintiff, v. Marie S. RUTH, Charles H. Ruth, Jr., Individually and as Trustee under the Last Will and Testament of John H. Stirlith, deceased, Carlos H. Ruth, Juan Tomas Ruth, Annie S. Booth, Willard Jefferis, Martha Ellen Jefferis, Eleanor J. Bachman, Ann-Marie C. Lally, Edward W. Lally, Jr., James Robert Lally, Edna C. Vadden, Edward P. Vadden, Jr., Thomas G. Vadden, Joseph Vadden, Kathleen Vadden, Alexander D. Stirlith, James Albert Stirlith, Francis Stirlith and Albert Stirlith, Defendants.

Court of Chancery of Delaware, New Castle.

June 8, 1956.

Attorney(s) appearing for the Case

William A. Worth, Jr., Wilmington, for plaintiff.

Henry R. Horsey, Wilmington, guardian ad litem for minor defendants.

MARVEL, Vice Chancellor.

John H. Stirlith died on November 15, 1953, having made a will in 1952 and a codicil in 1953 which documents were duly admitted to probate before the Register of Wills in this County. Letters testamentary were granted to the plaintiff, Charles H. Ruth, Jr., who as executor brings this suit for instructions naming as defendants those including himself who have a present or contingent interest in property to be held in trust under the terms...

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