WASHINGTON TRUST COMPANY v. GILLESPIE

Civ. A. No. 75-76.

397 F.Supp. 1337 (1975)

WILMINGTON TRUST COMPANY, a banking corporation of the State of Delaware, Plaintiff, v. Elaine GILLESPIE, Executrix of the Estate of Louise B. McCall, et al., Defendants.

United States District Court, D. Delaware.

July 23, 1975.


Attorney(s) appearing for the Case

Jane R. Roth, Richards, Layton & Finger, Wilmington, Del., for plaintiff.

Richard P. S. Hannum, Prickett, Ward, Burt & Sanders, Wilmington, Del., for defendant Gillespie.

David F. Anderson, Potter, Anderson & Corroon, Wilmington, Del., for defendants Cuthbert, Geney, Green, H. Wilson, E. Wilson, B. Hinkle, R. Hinkle, E. Douglas and M. Douglas.


OPINION

STAPLETON, District Judge:

This is an action of interpleader brought under Rule 22 of the Federal Rules of Civil Procedure by the Wilmington Trust Company ("the Bank"), which is trustee of a trust fund established under the will of George F. Capelle, Jr. A portion of the corpus of this trust is now distributable, under the terms of the will, to Louise B. Neilson McCall. She, however, died in 1970. Claiming...

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