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BANK OF DELAWARE v. BANK OF DELAWARE

301 A.2d 280 (1973)

BANK OF DELAWARE, Executor U/W of Margaret F. Overdeer, et al., Defendants-Below, Appellants, v. BANK OF DELAWARE, Trustee U/A June 30, 1928 with Frank N. Overdeer, Plaintiff-Below, Appellee, v. Ruth O. KRAMER et al., Defendants-Below, Appellees.

Supreme Court of Delaware.

January 3, 1973.

Attorney(s) appearing for the Case

Henry R. Horsey, of Morris, James, Hitchens & Williams, Dover, for Bank of Del., Executor U/W Margaret F. Overdeer.

Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for Bank of Del., Trustee.

Gerald C. Foulk, of Walker, Miller & Wakefield, Wilmington, for Hamilton P. Fox, Administrator of Estate of Mildred A. Morris, and Bank of Del., Trustee U/W of Willis L. Overdeer.

Samuel R. Russell, of Wilson & Russell, Wilmington, for individual defendants.

WOLCOTT, C. J., HERRMANN, J., and WRIGHT, Judge, sitting.

WOLCOTT, Chief Justice.

This case involves a trust in which the settlor left a life estate to his daughter and the remainder to his "next of kin" in the event his daughter should die without issue. The settlor predeceased his daughter, and the daughter died without issue. The basic issue in this case is whether, in construing the trust instrument, the settlor's next of kin should be determined at the time of settlor's death or at the time of the life tenant's death...

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