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BANK OF DELAWARE v. ESTATE OF KANE

285 A.2d 440 (1971)

BANK OF DELAWARE, a corporation of the State of Delaware, Trustee under the will of Jesse G. Simmons, Plaintiff, v. ESTATE of Marjorie E. KANE, Deceased, et al., Defendants.

Court of Chancery of Delaware, New Castle.

November 30, 1971.

Attorney(s) appearing for the Case

Daniel L. Twer, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

Michael D. Goldman, of Potter, Anderson & Corroon, Wilmington, for defendant Estate of Marjorie E. Kane.

Andrew B. Kirkpatrick, Jr., and Joseph C. Kelly, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant Emily S. Nagle.

SHORT, Vice Chancellor:

Bank of Delaware, formerly Equitable Guarantee and Trust Company, trustee under the will of Jesse G. Simmons, seeks instructions as to the proper distribution of a portion of the income and corpus of the trust.

Jesse G. Simmons (testator) died on August 23, 1907. By his will testator devised and bequeathed the residue of his estate to the petitioner, in trust, to pay the income thereof to his wife until his youngest child reached the...

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