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MYERS v. BANK OF DELAWARE

149 A.2d 745 (1959)

Elizabeth G. MYERS, Appellant, v. BANK OF DELAWARE, a corporation of the State of Delaware, Successor Trustee under the Last Will and Testament of Anna B. Bowman, Deceased, Nellie Burke Myers, Hazel Myers, Snakenberg, Selma Myers Schwing, Iris Myers Anderson, Ariel N. Myers, Warren Myers, Clifford Myers, James S. Myers, Claude Myers, Viola Myers Smith, Althia Myers Smith, Donald Myers, Gerald E. Myers, Jeanne-Nell Myers Boe, Eunice W. Finan, Albert T. Whittaker, Ariel M. Whittaker and Merrill R. Whittaker, Appellees.

Supreme Court of Delaware.

April 6, 1959.

Attorney(s) appearing for the Case

Edward W. Cooch, Jr., Wilmington, for defendant below, appellant.

Howard L. Williams and Henry N. Herndon, Jr. (of Morris, James, Hitchens & Williams), Wilmington, for defendants below, appellees, except Nellie Burke Myers.

SOUTHERLAND, C. J., BRAMHALL, Justice, and STIFTEL, Judge, sitting.

BRAMHALL, Justice.

Anna B. Bowman, testatrix, under her last will and testament, after providing certain pecuniary bequests not here material, gave and devised the remainder of her estate to the Equitable Guarantee and Trust Company, now the Bank of Delaware, to pay over the net income therefrom as follows: one-third to the wife of James Myers, a nephew, for life; one-third to James Myers, a great nephew, for life; and one...

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