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MESSERSMITH v. DELAWARE TRUST COMPANY

215 A.2d 721 (1965)

Joseph A. MESSERSMITH, Murphy Road, Chadds Ford, Pennsylvania, Plaintiff, v. DELAWARE TRUST COMPANY, a Delaware corporation, Delaware Trust Company, a Delaware corporation, executor under the Will of Michael D. McMonigle, deceased, Francis McMonigle, and Little Sisters of the Poor, Inc., a Charitable Corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

December 20, 1965.

Attorney(s) appearing for the Case

David S. Keil and Carl Goldstein, of Keil & Keil, Wilmington, for plaintiff.

David F. Anderson, of Berl, Potter & Anderson, Wilmington, for defendant, Delaware Trust Co.

Francis A. Reardon, Wilmington, for defendant Delaware Trust Co., executor.

Joseph M. Kwiatkowski, Wilmington, for defendant Little Sisters of the Poor, Inc.

John A. Faraone, Wilmington, for defendant, Francis McMonigle.

SEITZ, Chancellor:

This is a dispute over the disposition of the proceeds of a so-called joint checking account and a joint savings account in the Delaware Trust Company ("Bank").

Michael D. McMonigle ("Michael") executed the two account cards along with the plaintiff, who was his nephew by marriage. Thereafter Michael died and a dispute arose concerning the proper disposition of the proceeds of the accounts. Plaintiff then brought this action against the...

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