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HAMILTON v. FALINE

138 A.2d 508 (1958)

Louise HAMILTON, Isabel Brown, Blanche Orsini, Kathleen Muro, Bonnie B. Faline, Florence Dawn Faline, by her guardian ad litem, Louise Hamilton, Milton Faline, Walter Eugene Faline, Plaintiffs, v. Albert J. FALINE, Defendant.

Court of Chancery of Delaware, New Castle.

January 31, 1958.

Attorney(s) appearing for the Case

Howard M. Berg and Donald C. Taylor, Wilmington, for plaintiffs.

Wilfred J. Smith, Jr., Wilmington, for defendant.

SEITZ, Chancellor.

The complaint contains two causes of action attacking defendant's interest in certain real estate. Only the second cause of action is involved in this decision.

The second cause of action is brought by all the plaintiffs who seek thereby to upset a testamentary provision giving the defendant a vested remainder in the real estate in question. Defendant has in effect moved to dismiss the substance of the second cause on the ground that this...

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