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DELAWARE TRUST COMPANY v. EVERITT

140 A.2d 778 (1958)

DELAWARE TRUST COMPANY, a corporation of the State of Delaware, Executor under the Will of Deborah Morrison Rood, deceased, Plaintiff, v. Deborah Rood EVERITT and Robert Howe Everitt, sometimes known as Robert Everitt Howe, Defendants.

Court of Chancery of Delaware, New Castle.

On Application for Costs and Attorneys' Fees May 2, 1958.

Attorney(s) appearing for the Case

David F. Anderson (of Berl, Potter & Anderson), Wilmington, for plaintiff.

Henry M. Canby and Max S. Bell, Jr. (of Richards, Layton & Finger), Wilmington, for defendant Deborah Rood Everitt.

Arthur G. Logan and Vincent A. Theisen (of Logan, Marvel, Boggs & Theisen), Wilmington, for defendant Robert Howe Everitt.

SEITZ, Chancellor.

This is an interpleader action instituted by the Delaware Trust Company, executor under the will of Deborah Morrison Rood. The real claimants are the defendant, Deborah Rood Everitt ("Deborah"), the daughter of the testatrix and Robert Howe Everitt ("Robert"), Deborah's former husband. Deborah claims as assignee from Robert certain stock which formed part of a legacy left him by his former mother-in-law. Robert denies that the assignment was absolute...

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