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STAYTON v. DELAWARE TRUST COMPANY

206 A.2d 509 (1965)

Margaret W. STAYTON, Executrix under the Will of Leon B. Stayton, Sr., deceased, and Margaret W. Stayton, individually, Plaintiff, v. DELAWARE TRUST COMPANY, a corporation of the State of Delaware, Leon B. Stayton, Jr., and David F. Anderson, guardian ad litem for Eleanor V. Stayton, Defendants.

Court of Chancery of Delaware, New Castle.

January 20, 1965.

Attorney(s) appearing for the Case

Clyde M. England, Jr., of Killoran & Van Brunt, Wilmington, for plaintiff.

Richard L. McMahon, of Berl, Potter & Anderson, Wilmington, for defendants.

SHORT, Vice Chancellor:

Plaintiff, executrix, seeks instructions as to the proper distribution of certain assets which have come into her possession. The case is before the court on cross motions for summary judgment based upon the pleadings, affidavits and stipulations of counsel.

Leon B. Stayton, Sr. (testator) died on December 18, 1961. By Paragraph SECOND (a) of his last will and testament, dated June 11, 1954, testator provided as follows:

"All...

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