BANK OF DELAWARE v. HITCHENS


173 A.2d 339 (1961)

BANK OF DELAWARE, formerly Equitable Security Trust Company, formerly Security Trust Company, a corporation of the State of Delaware, Plaintiff, v. Sara Payne Wilson HITCHENS, Susan W. Bedyk, Harry L. Wilson, III, Mary J. Pearce, Mabel L. Lynch, Josephine Corcoran, Elizabeth A. Boulden, Richard D. Aiken, Amos R. Merritt, Mamie M. Bernard, Hilda M. Merritt, Ruth M. Neilsen, Mary Ann Reynolds, Richard B. Merritt, IV, James W. Merritt, Lewis A. Collins, Merritt W. Collins, Francis L. Collins, Sallie R. Wilson, Leota Snyder, Daniel E. Wilson, Jr., E. Amos Wilson, Jr., Virginia L. Galati, Betty Glanding, Catherine Raymond, Defendants.

Court of Chancery of Delaware, New Castle.

Supplemental Opinion June 15, 1961.


Attorney(s) appearing for the Case

Howard L. Williams and George C. Hering, III, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

H. James Conaway, Jr., of Morford, Young & Conaway, Wilmington, for defendant, Ruth M. Neilsen.

Clement C. Wood of Allmond & Wood, Wilmington, for defendant, Susan Wilson Bedyk.

Victor F. Battaglia, Wilmington, of Theisen and Lank, Wilmington, amicus curiae.


SEITZ, Chancellor.

The Bank of Delaware, successor trustee, seeks instructions with respect to the distribution of the corpus of a trust created under the will of Daniel E. Wilson ("testator").

The testator executed his will on March 22, 1933 and died December 27, 1934. After making certain specific bequests and devises, he devised and bequeathed the remainder in trust to pay the income to Janet Miller for life. He provided by Item Seventh that upon her death...

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