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LEVIN v. SMITH

513 A.2d 1292 (1986)

Mary Sadler LEVIN, Plaintiff-Appellant, v. John Lewis SMITH, Jr., Defendant-Appellee, John Ambler SADLER, Plaintiff-Appellant, v. John Lewis SMITH, Jr., Defendant-Appellee.

Supreme Court of Delaware.

Decided: July 10, 1985.

Resubmitted: October 16, 1985.

Decided: July 25, 1986.

Reargument Denied September 5, 1986.

Attorney(s) appearing for the Case

David A. Drexler (argued) and Jack B. Blumenfeld of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiffs-appellants.

Eugene H. Bayard (argued) of Wilson, Halbrook & Bayard, Georgetown, for defendants-appellees.

Before HORSEY, MOORE and WALSH, JJ.

HORSEY, Justice:

By decision dated July 10, 1985, this Court held that the Court of Chancery erred in failing to impress, for the benefit of plaintiffs, Mary Sadler Levin and John Ambler Sadler, an oral trust on a tract of land in Delaware known as Indian Beach. The land had been deeded in fee in 1946 to defendant John Lewis Smith, Jr. ("Smith, Jr.") by his father, John Lewis Smith, Sr. ("Smith, Sr."), four years before...

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