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EQUITABLE SECURITY TRUST CO. v. HOME FOR AGED WOMEN

124 A.2d 729 (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 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.

July 26, 1956.

Attorney(s) appearing for the Case

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

William A. Worth, Jr., and James T. McKinstry, of Richards, Layton & Finger, Wilmington, for defendant The Home of Merciful Rest Soc.

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 Assn. for the Blind and Delaware Commission for the Blind.

Everett E. Borton, Wilmington, for defendant Home for Aged Women.

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

SEITZ, Chancellor.

I must decide whether the entire estate left by the testatrix or some portion thereof should bear the costs and legal expenses incurred in connection with a decision on the executor's request for instructions.

This matter arose in connection with a will drawn by the testatrix. She left her entire estate in trust to pay the income to her husband for life. At his death the corpus was to be divided equally among three charitable institutions...

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