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IN RE TIERNEY'S ESTATE

216 A.2d 683 (1965)

In the Matter of the ESTATE of Thomas J. TIERNEY, Deceased.

Court of Chancery of Delaware, New Castle.

December 29, 1965.

Attorney(s) appearing for the Case

Thomas J. Healy, Jr., of Metten, Healy & Collins, Wilmington, for Mary T. Mullen and Francis Tierney, administrators of the estate of Thomas J. Tierney, deceased.

Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, and Chester B. Griffin, Fort Pierce, Fla., for defendants Helen T. Mulderic, Mary T. Mullen and John S. Tierney, Jr.

Alfred Fraczkowski, Wilmington, for defendants William Tierney, Francis Tierney, John M. Tierney, Joseph Tierney, Cecilia Tierney, Mary T. Toukey, Helen M. Tierney, Teresa A. McCormick, Gertrude McKay, Marguerite Downey and Agnes C. Tierney.

SEITZ, Chancellor:

The issue here is whether the statute governing the distribution of intestate personal property requires a per capita division among nephews and nieces, or a per stirpes division based upon the number of brothers and sisters of the intestate, where none of the brothers and sisters survived.

Thomas J. Tierney ("intestate") died intestate on January 29, 1965. His administrators seek instructions as to the proper distribution of the real and...

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