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BANK OF DELAWARE v. HARRIS

158 A.2d 924 (1960)

BANK OF DELAWARE, a corporation of the State of Delaware, Successor Trustee under the Last Will and Testament of Samuel Franklin Ewart, Deceased, Plaintiff, v. Langdon W. HARRIS, Jr., Executor of the Estate of M. Pauline Ewart, Mary H. Ewart, M. Virginia Ewart, R. Elizabeth Casey, Mrs. Carl G. Ruff, Catherine C. Book and Virginia Book, Defendants.

Court of Chancery of Delaware, New Castle.

March 4, 1960.

Attorney(s) appearing for the Case

Caleb S. Layton, of Richards, Layton & Finger, Wilmington, for plaintiff.

Rodman Ward, Jr., of Prickett & Prickett, Wilmington, for defendants, Langdon W. Harris, Jr., executor of estate of M. Pauline Ewart, Mrs. Carl Ruff, Catherine C. Book and Virginia Book.

William Duffy, Jr., of Herrmann & Duffy, Wilmington, for defendants, Mary H. Ewart and M. Virginia Ewart.

John P. Sinclair, of Berl, Potter & Anderson, Wilmington, for defendant, R. Elizabeth Casey.

MARVEL, Vice Chancellor.

The Bank of Delaware, successor trustee under the will of Samuel Franklin Ewart, seeks instructions as to how it should administer and distribute one half of a residuary trust set up in the testator's will, taking the position that such will appears to lack a specific provision governing the distribution of such property, M. Pauline Ewart, a life beneficiary of the income derived therefrom, having died October 28, 1958. The complaint joins...

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