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IN RE WILL OF DIXON

280 A.2d 735 (1971)

In re the Last WILL and Testament of Theodore W. DIXON.

Court of Chancery of Delaware, New Castle County.

July 1, 1971.

Attorney(s) appearing for the Case

James A. Walsh, of DeLuca, Julian & Walsh, Wilmington, for petitioner, Wilmington Trust Co. and for certain residuary legatees.

Steven J. Rothschild, of Prickett, Ward, Burt & Sanders, Wilmington, for certain residuary legatees.

Mason E. Turner, Jr., of Richards, Layton & Finger, Wilmington, for The Home of Merciful Rest Society.

SHORT, Vice Chancellor:

Wilmington Trust Company, trustee appointed by order of this court to administer a testamentary trust under the will of Theodore W. Dixon, seeks instructions as to the proper distribution of the corpus of the trust. The facts are not in dispute and the case is submitted for decision on the pleading.

Theodore W. Dixon (testator) died on June 10, 1949. By his will, dated December 12, 1948, testator provided:

"I bequeath the following...

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