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BATA v. HILL

139 A.2d 159 (1958)

Thomas J. BATA et al., Plaintiffs, v. Donald M. HILL et al., Defendants.

Court of Chancery of Delaware, New Castle.

February 14, 1958.

Attorney(s) appearing for the Case

Robert H. Richards, Jr., of Richards, Layton & Finger, Wilmington, Inzer B. Wyatt, Robert MacCrate and John W. Dickey of Sullivan & Cromwell, New York City, for plaintiffs.

George T. Coulson of Morris, Steel, Nichols & Arsht, Wilmington; Henry Cohen and Daniel M. Sandomire of Cohen & Sandomire, New York City, for defendants Donald M. Hill, Donald M. Hill, Jr.; Donald M. Hill and Donald M. Hill, Jr., as voting trustees; Jan A. Bata and North River Securities Corporation.

Henry A. Wise, Jr., of Wise & Suddard, Wilmington, for defendant Westhold Corp.

William Poole of Berl, Potter & Anderson, Wilmington, for Charles Jucker and Hans Berger, individually, as mandatories in accordance with the law of Switzerland, and as a partnership.

The other defendants have either not been served or not appeared.

SEITZ, Chancellor.

Basically, this is a dispute over the ownership of certain stock admittedly owned by Thomas Bata ("Thomas" or "testator") at his death on July 12, 1932. While there are several plaintiffs and defendants, it is agreed that the real dispute is between the plaintiffs, Thomas J. Bata ("Tom"), only son of the deceased and the executors of the Estate of his mother, Mary T. Bata, (who died February 27, 1954) on the one hand, and the defendant, Jan Bata...

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