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DELAWARE TRUST COMPANY v. McCUNE

269 A.2d 256 (1970)

DELAWARE TRUST COMPANY, a Delaware corporation, Trustee under the Will of Mary McCune Harper, Plaintiff, v. John C. McCUNE, Curtiss S. McCune, Irene McCune Detweiler, Elizabeth McCune Murphy, Bank of Delaware (formerly Equitable Trust Company), a Delaware corporation, Executor under the Will of Cornelia McCune Patterson, and Delaware Trust Company, a Delaware corporation, Executor under the Will of Edmund McCune, Defendants.

Court of Chancery of Delaware, New Castle.

July 30, 1970.

Attorney(s) appearing for the Case

David F. Anderson, of Potter, Anderson & Corroon, Wilmington, for plaintiff and for defendant Delaware Trust Co., Executor under the Will of Edmund McCune.

James M. Tunnell, Jr., and Richard S. Paul, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendants John C. McCune, Curtiss S. McCune, Irene McCune Detweiler and Elizabeth McCune Murphy.

Rodney M. Layton and Jane R. Roth, of Richards, Layton & Finger, Wilmington, for Bank of Delaware (formerly Equitable Trust Co.), Executor under the Will of Cornelia McCune Patterson.

SHORT, Vice Chancellor:

Plaintiff, trustee of a testamentary trust under the will of Mary McCune Harper, seeks instructions as to the proper distribution of the corpus of the trust. The case is before the court for decision upon the record consisting of the pleadings, stipulations of counsel and the wills of Mary McCune Harper and deceased claimants.

Mary McCune Harper (testatrix) died on August 6, 1943, a resident of New Castle County, Delaware. By her will...

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