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YANCEY v. NATIONAL TRUST COMPANY

252 A.2d 562 (1969)

Richard B. YANCEY, individually and as Executor, Trustee, Administrator c. t. a. of the Estate of Philo B. Yancey, deceased, Plaintiff, v. NATIONAL TRUST COMPANY, Ltd., a Canadian corporation, Raymond C. Dougherty, Jean Yancey Paterson, individually and as Executors and Trustees of the Last Will and Testament of Philo B. Yancey, and E. I. DuPont De Nemours and Company, a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle.

April 11, 1969.

Attorney(s) appearing for the Case

William D. Bailey, Jr., of Bayard, Brill & Handelman, Wilmington, for plaintiff.

Richard L. McMahon, of Potter, Anderson & Corroon, Wilmington, for the defendants National Trust Co., Ltd., Raymond C. Dougherty, and Jean Yancey Paterson.

Henry W. Bryan, Wilmington for defendant E. I. duPont de Nemours and Co.

MARVEL, Vice Chancellor:

Plaintiff, a domiciliary of Virginia, is one of the executors and trustees named in the will of Philo B. Yancey, his father, who died in Montreal, Canada, on April 21, 1942. Plaintiff claims that at the time of his father's death a certificate for 300 shares E. I. duPont de Nemours and Company stock was deposited in a vault at the Wilmington Trust Company, Wilmington, Delaware. The complaint goes on to allege that late in 1942 or early in...

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