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IN RE KEIL'S ESTATE

146 A.2d 398 (1958)

In re ESTATE of Aaron KEIL, Deceased. Ada B. KEIL, Appellant, v. Samuel F. KEIL and Thomas M. Keith, Coexecutors under the Last Will and Testament of Aaron Keil, deceased, The Delaware Hospital, Incorporated, a corporation of the State of Delaware, St. Francis Hospital, Inc., a corporation of the State of Delaware, Wilmington General Hospital Association, Inc., a corporation of the State of Delaware, Homeopathic Hospital Association of Delaware, a corporation of the State of Delaware, Ladies Bichor Cholem Moshev Zekenim Society and Hachnosas Orchim, a corporation of the State of Delaware, Appellees.

Supreme Court of Delaware.

November 25, 1958.

Attorney(s) appearing for the Case

Charles L. Paruszewski, Wilmington, for appellant.

Stewart Lynch, Wilmington, for St. Francis Hospital, Inc., appellee.

Blaine T. Phillips, Wilmington, for Delaware Hospital, Inc., appellee.

Robert H. Richards, Jr., and Stephen E. Hamilton, Jr., of Richards, Layton & Finger, Wilmington, for Wilmington General Hospital Ass'n, Inc., and Homeopathic Hospital Ass'n of Delaware, appellees.

H. Albert Young and Bruce M. Stargatt, Wilmington, for Ladies Bichor Cholem Moshev Zekenim Society and Hachnosas Orchim, appellee.

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

SOUTHERLAND, Chief Justice.

On Petition for Reargument

Counsel for certain of the legatees takes exception to the following statement in our opinion of October 30, 1958, 145 A.2d 563:

"The payment of the debt by the survivor is certainly a benefit to the estate because it discharges a liability of the estate."

It is said that this statement is incorrect, because the estate in this case now has no liability...

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