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WALSH v. BAILEY

197 A.2d 331 (1964)

William E. WALSH, Jr., One of the Defendants Below, Appellant, v. Mildred A. BAILEY, Plaintiff Below, Appellee, and The Sussex Trust Company, as Executor under the Will of William E. Walsh, Sr., and in its Corporate Capacity, The Remaining Defendant Below, Appellee.

Supreme Court of Delaware.

January 24, 1964.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellant.

H. James Conaway, Jr., and Richard H. May, of Morford, Young & Conaway, Wilmington, for appellee Mildred A. Bailey.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

TERRY, Chief Justice.

This is an appeal from the Court of Chancery. William E. Walsh, Sr., died testate and left his estate equally to his only surviving children, a son and daughter.

The facts which are pertinent to this controversy involve the disposition of certain sums on deposit in three accounts with The Sussex Trust Company. In each instance Mr. Walsh and his son were the persons authorized to make withdrawals therefrom.

Mr. Walsh's daughter...

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