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MAY v. duPONT

229 A.2d 784 (1967)

Ernest N. MAY, an Executor of the Estate of Irénée duPont, Respondent and Counter-petitioner Below, Appellant, v. Irénée duPONT, Jr. and Crawford H. Greenewalt, two of three Executors of the Estate of Irénée duPont, Petitioners and Counter-respondents Below, Appellees.

Supreme Court of Delaware.

Motion for Re-Argument Denied May 23, 1967.

Attorney(s) appearing for the Case

H. Albert Young and Bruce M. Stargatt, of Young, Conaway, Stargatt & Taylor, Wilmington, for respondent and counter-petitioner below, appellant.

S. Samuel Arsht and David A. Drexler of Morris, Nichols, Arsht & Tunnell, Wilmington, for petitioners and counter-respondents below, appellees.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

This appeal presents the question of whether the respondent co-executor is justified in refusing to join with his two co-executors, petitioners herein, in the distribution of the residuary estate, to themselves as testamentary trustees, before final tax clearances.

The basic facts of the case appear in our earlier opinion. See 216 A.2d 870. On July 9, 1965, soon...

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