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ASCHE v. ASCHE

199 A.2d 314 (1964)

Grace Vale ASCHE, William G. Vale and George T. Reed, Jr., Executors under the will of Ruby R. Vale, deceased, Plaintiffs, v. Grace Vale ASCHE et al., Defendants.

Court of Chancery of Delaware, New Castle.

February 7, 1964.

Attorney(s) appearing for the Case

Blaine T. Phillips of Berl, Potter & Anderson, Wilmington, for plaintiffs and defendants Ruby R. Vale Foundation and Grace Vale Asche, William G. Vale and The Milford Trust Co., as trustees under the will of Ruby R. Vale.

Richard J. Abrams of Richards, Layton & Finger, Wilmington, for defendants Vale Asche Ackerman, Bettyann Asche and Bank of Delaware, executors of estate of Elizabeth W. Vale.

Andrew B. Kirkpatrick, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, guardian ad litem for defendants Asche Ackerman and her unborn issue, the unborn issue of Vale Asche Ackerman and Bettyann Asche, and the unborn issue of Grace Vale Asche.

E. Dickinson Griffenberg of Killoran & Van Brunt, Wilmington, guardian ad litem for the defendants Elizabeth Anne Asche, Frederic Bermingham Asche, III, Edward Craig Asche, Franz Monroe Asche, Elizabeth Vale Asche, the lawful issue born and unborn of Frederic B. Asche, Jr., and the lawful issue of the children of Frederic B. Asche, Jr.

Januar D. Bove, Jr., Atty. Gen., since succeeded by David P. Buckson.

MARVEL, Vice Chancellor:

The executors of the estate of Ruby R. Vale seek instructions concerning the carrying out of testamentary directions given by the testator, who died a resident of Milford, Sussex County, on January 2, 1961, having first made his last will and testament and a first codicil thereto. The late Ruby R. Vale was a well-known attorney at law whose will discloses a purpose to dispose of half of his adjusted gross estate, after payment of taxes assessed...

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