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WELCH v. WELCH

252 A.2d 131 (1969)

Goldsborough John WELCH, George Wilson Welch, Leo George Welch, Albert Paul Welch, Eva Mary Harrington, Anna Celia Adams, Theresa Eva Smith, Alice Mae White and Elizabeth Mary Murphy, Plaintiffs, v. William Claude WELCH et al., Defendants.

Court of Chancery of Delaware, New Castle.

February 13, 1969.

Attorney(s) appearing for the Case

Arthur J. Sullivan, and Eduard von-Wettberg, III, Wilmington, for plaintiffs.

Arthur W. Koffenberger, Jr., Wilmington, for defendant Thomas M. Keith, Executor of the Last Will and Testament of James Claude Matthews, deceased.

Blaine T. Phillips, Wilmington, for defendants The Florence Crittenton Home and University of Delaware.

Sidney Balick, Wilmington, for defendants Boys' Club of Wilmington.

Thomas S. Lodge, Wilmington, for defendant Sunday Breakfast Mission.

Richard L. Sutton, Wilmington, for defendant St. Michael's Day Nursery.

John M. Bader, Wilmington, for defendant Delaware Humane Assn.

Jay H. Conner, Wilmington, for defendant Good Will Industries.

William E. Wiggin, Wilmington, for The Delaware Society for the Prevention of Cruelty to Animals.

Thomas Herlihy, Jr., Wilmington, for defendant The Salvation Army.

E. Dickenson Griffenberg, Jr., Wilmington, for defendant Home for Aged Women.

John Biggs, III, Wilmington, for defendant Opportunity Center, Inc.

SHORT, Vice Chancellor:

This is an action by heirs at law and next of kin of Mae M. Matthews seeking to impress a constructive trust for their benefit on property which the decedent owned jointly with her husband, James Claude Matthews. The case is before the court on the motion of defendant charitable corporations, twelve in number, for judgment on the pleadings.

For purposes of the motion the following facts are accepted as true: On December 24, 1966, Mae...

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