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FARMERS BANK OF STATE OF DELAWARE v. HOWARD

276 A.2d 744 (1971)

FARMERS BANK OF the STATE OF DELAWARE, a Corporation of the State of Delaware, Plaintiff, v. Mildred HOWARD and Farmers Bank of the State of Delaware, Executor of the Estate of Sadie Cooper Rust, Defendants.

Court of Chancery of Delaware, New Castle.

March 22, 1971.

Attorney(s) appearing for the Case

Franklin S. Eyster, II, and Martin I. Lubaroff, of Richards, Layton & Finger, Wilmington, for plaintiff.

Samuel Handloff, Wilmington, for defendant Farmers Bank of the State of Delaware, Executor of the Estate of Sadie Cooper Rust.

Clifford B. Hearn, Jr., of Biggs & Battaglia, Wilmington, for defendant Mildred Howard.

DUFFY, Chancellor:

This is an interpleader action by Farmers Bank of the State of Delaware to determine which of two claimants is entitled to a savings deposit: Mildred Howard or the Executor of the Estate of Sadie Cooper Rust, deceased.

The account was in the name of Mrs. Rust, only. On July 8, 1967 she directed the Bank to add to the account the name of Mildred Howard but specifically instructed that Mrs. Howard not be told of this until after her own death...

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