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CHEFF v. ATHLONE INDUSTRIES, INC.

233 A.2d 170 (1967)

Paul Theodore CHEFF, Defendant Below, Appeal of Paul Theodore Cheff, William P. DeLong and Charles F. Latimer, Special Administrators of the Estate of Katherine Nystrom Cheff, appearing specially, Movants Below, Appellants, v. ATHLONE INDUSTRIES, INC., Plaintiff Below, Appellee.

Supreme Court of Delaware.

July 19, 1967.

Attorney(s) appearing for the Case

David A. Drexler, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant below and movants below, appellants.

Louis J. Finger and Robert H. Richards, III, of Richards, Layton & Finger, Wilmington, for plaintiff below, appellee.

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

HERRMANN, Justice:

The question before us is whether a residuary legatee of an unsettled estate has an interest, subject to sequestration under 10 Del.C. § 366,1 in shares of corporate stock constituting part of the assets of the residuary estate.

I.

There is no dispute about the material facts: Athlone Industries, Inc., a Delaware corporation (hereinafter "Athlone"), brought...

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