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BANK OF DELAWARE v. ALLMOND

183 A.2d 188 (1962)

BANK OF DELAWARE, a banking corporation of the State of Delaware, Plaintiff, v. Bayard W. ALLMOND, August F. Walz, William H. Cantwell, George E. Vandegrift, W. Harry Lewis, in their representative capacity as the Board of Governors of a testamentary trust of Albert T. Hanby, deceased, and Attorney General of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

July 20, 1962.

Attorney(s) appearing for the Case

Howard L. Williams and Robert M. High, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff trustee.

Bayard W. Allmond of Allmond & Wood and L. Coleman Dorsey, Wilmington, for defendants, members of the Board of Governors.

E. Norman Veasey, Deputy Atty. Gen., for defendant, Attorney General.

SEITZ, Chancellor.

Plaintiff-trustee ("trustee") filed this complaint for instructions as to its duties under the will of Albert T. Hanby ("testator").

The testator, who died in 1947 while a resident of Pennsylvania, left a will which provided in pertinent part as follows:

"THIRD: All the rest, residue and remainder of my estate, real, personal or mixed, of whatsoever kind and character and wheresoever situate, I give, devise and bequeath unto my...

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