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IN RE PUTNEY

213 A.2d 57 (1965)

In the Matter of the Construction of the WILL of Marguerite B. PUTNEY, Deceased, and the Distribution of Escrow Funds Held by David B. Coxe, Jr., and Thomas H. Wingate, as Escrow Agents for Ellison W. Putney and Marguerite B. Putney, Deceased, and the Distribution of Other Moneys and Personalty Held by Marguerite B. Putney and Due and Owing Ellison W. Putney and Marguerite B. Putney, Deceased.

Court of Chancery of Delaware, New Castle.

August 2, 1965.

Attorney(s) appearing for the Case

Thomas H. Wingate, Wilmington, for petitioner, Ellison W. Putney,

William T. Lynam, III, of Wilson & Lynam, Wilmington, for Thomas W. Putney, executor.

Vincent A. Bifferato, Wilmington, guardian ad litem, for Hugh L. Putney.

SEITZ, Chancellor:

Ellison Putney ("plaintiff") filed a complaint for instructions concerning the will of his late wife, Marguerite B. Putney ("testatrix"). He also sought a determination of the ownership of certain bank accounts and other property.

The executor and son, Thomas Putney ("executor") filed an answer and a cross petition seeking the same basic relief. A guardian ad litem was appointed to and did represent Hugh L. Putney, one of testatrix' children...

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