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EVERITT v. EVERITT

146 A.2d 388 (1958)

Deborah Rood EVERITT, Defendant Below-Appellant, Cross-Appellee, v. Robert Howe EVERITT, sometimes known as Robert Everitt Howe, Defendant Below-Appellee, Cross-Appellant, and Delaware Trust Company, a corporation of the State of Delaware, Executor under the Will of Deborah Morrison Rood, deceased, Plaintiff Below-Appellee.

Supreme Court of Delaware.

December 3, 1958.

Attorney(s) appearing for the Case

Henry M. Canby and Max S. Bell, Jr., of Richards, Layton & Finger, Wilmington, for appellant and cross-appellee.

Vincent A. Theisen and Joseph T. Walsh of Logan, Marvel, Boggs & Theisen, Wilmington, for appellee and cross-appellant.

David F. Anderson of Berl, Potter & Anderson, Wilmington, for Delaware Trust Co. executor.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

This is an interpleader suit brought by Delaware Trust Company, Executor under the will of Deborah Morrison Rood. The interpleaded claimants are Deborah Rood Everitt (herein "Deborah"), daughter of the testatrix, and Robert Howe Everitt (herein "Robert"), former husband of Deborah.

The dispute concerns the ownership of certain shares of the common stock of Hercules Powder Company constituting...

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