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DELAWARE TRUST COMPANY v. TEASE

125 A.2d 169 (1956)

DELAWARE TRUST COMPANY, a corporation of the State of Delaware, Trustee by appointment of the Court of Chancery of the State of Delaware of the Trust under the Will of Anna Bertha Cobaugh, deceased, Plaintiff, v. Claud L. TEASE, Administrator of the Estate of George Cobaugh, deceased, and Administrator d.b.n.c.t.a., of the Estate of Anna Bertha Cobaugh, deceased; Elizabeth Hormilloza; Harry Cobaugh; and May R. Smith, Defendants.

Court of Chancery of Delaware, New Castle.

August 8, 1956.

Attorney(s) appearing for the Case

C. W. Berl, Jr., of Berl, Potter & Anderson, Wilmington, for plaintiff.

Edmund D. Lyons, Wilmington, guardian ad litem for Harry Cobaugh.

The other defendants did not appear and a default judgment was entered against them.

SEITZ, Chancellor.

This is a complaint for instructions by the trustee of a residuary trust established in the will of Anna Bertha Cobaugh ("testatrix") who died July 21, 1939, leaving a will dated January 20, 1939.

While the items in the will are not numbered for convenience they will be given consecutive numbers. By Item Three of her will, the testatrix directed her executor to sell all her property, both real and personal, and out of the proceeds of such...

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