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duPONT v. MAY

211 A.2d 597 (1965)

Irénée duPONT, Jr. and Crawford H. Greenewalt, Two of Three Executors of the Estate of Irénée duPont, Petitioners, v. Ernest N. MAY, An Executor of the Estate of Irénée duPont, Respondent.

Court of Chancery of Delaware, New Castle.

On Motion for Reargument June 17, 1965.

Attorney(s) appearing for the Case

S. Samuel Arsht and David A. Drexler, of Morris, Nichols, Arsht & Tunnell, Wilmington, for petitioners.

H. Albert Young, Bruce M. Stargatt and Ben T. Castle, of Young, Conaway, Stargett & Taylor, Wilmington, for respondent.

SEITZ, Chancellor:

Petitioners (hereinafter called "plaintiffs"), two of the three executors of the estate of Irenee duPont, filed this petition seeking a declaration that delivery of the assets by them to the residuary trustees would constitute a valid and effective delivery of such assets, or, alternatively, if the third executor must join in the delivery to make it effective, that a permanent mandatory injunction be issued compelling him to join in the delivery...

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