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IN RE LAST WILL AND TESTAMENT OF MOOR

C.A. No. 2231-S.

879 A.2d 648 (2005)

In the Matter of the LAST WILL AND TESTAMENT AND TRUST AGREEMENT OF Betty R. MOOR a/k/a Isabela Elizabeth Moor, Deceased.

Court of Chancery of Delaware, New Castle County.

Decided: June 8, 2005.

Attorney(s) appearing for the Case

David Nicol Williams, Esquire, and John Legaré Williams, Esquire, The Williams Law Firm, P.A., Wilmington, Delaware, Attorneys for Petitioners Robert Cooper Moor, Jr. and Marilyn M. Moor.

Charles J. Durante, Esquire, and Gregory J. Weinig, Esquire, Connolly Bove Lodge & Hutz, LLP, Wilmington, Delaware, Attorneys for Respondents April L. Hudson and Richard S. McCann, Esq.

OPINION

STRINE, Vice Chancellor.

In this opinion, I conclude that a testator is not forbidden by Delaware or Florida law from directing, in a personal property memorandum referenced in a valid will, that certain personal property be sold by her executors and that the sale proceeds be given to specific persons. The legislatures of Delaware and Florida have both enacted statutes that grant testators the broad power "to dispose of" certain categories of personal...

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