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WILMINGTON TRUST COMPANY v. CULHANE

129 A.2d 770 (1957)

WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, Executor under the Last Will and Testament of Paul J. Culhane, deceased, Plaintiff, v. Charlotte Marine CULHANE, Martin A. Culhane, Frank O. Culhane, Wilmington Trust Company, a corporation of the State of Delaware, Guardian of the property of Paul J. Culhane, Jr., a minor, and Wilmington Trust Company, Trustee under the Last Will and Testament of Paul J. Culhane, Defendants.

Court of Chancery of Delaware.

March 14, 1957.

Attorney(s) appearing for the Case

James T. McKinstry (of Richards, Layton & Finger), Wilmington, for the Executor, Wilmington Trust Co.

Robert H. Richards, Jr. (of Richards, Layton & Finger), Wilmington, for the Wilmington Trust Co. as Trustee under the Will of Paul J. Culhane and as guardian of the property of Paul J. Culhane, Jr.

Andrew D. Christie, Wilmington, for defendants, Charlotte Marine Culhane, Martin A. Culhane, and Frank O. Culhane.

SEITZ, Chancellor.

Plaintiff-executor seeks instructions as to whether or not the defendant-widow of the testator is entitled to an intestate share of his estate.

In 1937, the deceased, Paul J. Culhane ("testator") married Helen Louise Prentiss. They had one child, Paul J. Culhane, Jr. Shortly after his birth on January 5, 1946, Helen Prentiss Culhane died intestate.

On June 20, 1946, the Orphans' Court appointed the Wilmington Trust Company as guardian...

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