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MAY v. duPONT

216 A.2d 870 (1966)

Ernest N. MAY, an Executor of the Estate of Irénée duPont, Defendant Below, Appellant, v. Irénée duPONT, Jr., and Crawford H. Greenewalt, Two of Three Executors of the Estate of Irénée duPont, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

January 18, 1966.

Attorney(s) appearing for the Case

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

H. Albert Young and Bruce M. Stargatt, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant below, appellant.

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

HERRMANN, Justice.

The question on this appeal is whether less than all of the co-executors in the instant case may distribute the residuary estate under 12 Del.C. § 2312(b).1

The will named three executors, two being the plaintiffs in this cause and the third being the defendant. After providing for the payment of debts, administration expenses, charitable gifts and taxes, the will provided that the residue of the estate...

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