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Security Trust Co. v. Irvine

Court of Chancery of Delaware, New Castle County

January 2, 1953

SECURITY TRUST CO.
v.
IRVINE et al.

Complaint for instructions by trustee under last will and testament of decedent. The Court of Chancery, New Castle County, Bramhall, Vice Chancellor, held that where testator left estate in trust for his two sisters and provided that, upon death of survivor of them, the remainder was to be divided equally among his brothers and sisters, and that the issue of any deceased brothers or sisters were to take their parent's share, the remainders vested upon death of testator, the life tenants shared in estate as members of class, and estates of those brothers and sisters who died without issue during lifetimes of life tenants were not divested.

Judgment accordingly.

Page 529

[33 Del.Ch. 376] Complaint for instructions by Security Trust Company, a corporation of the State of Delaware, trustee under the last will and testament of James Wilson, deceased, against Samuel L. Irvine, Frazer Wilson, Jeannette A. Wilson, Grace Wilson Gearhart, Helen G. Wilson Miller, Margaret W. Hanby, Mary Hope Wilson, James Rankin Davis, executor under the last will and testament of Margaret W. Irvine, deceased, Helen G. Wilson Miller, executrix under the last will and testament of Henry Wilson, deceased, [33 Del.Ch. 377] Frederick W. Kurtz, executor under the last will and testament of Mary E. Wilson, deceased, Charles C. Kurtz, executor and trustee under the last will and testament of Martha B. Wilson, deceased, and Jeannette A. Wilson, executrix or administratrix of the estate of Samuel H. Wilson, deceased.

The case was before the court for final hearing.

H. James Conaway, Jr., of the firm of Hearing, Morris, James & Hitchens, Wilmington, for plaintiff.

James Rankin Davis, Wilmington, for defendants James Rankin Davis, executor under the last will and testament of Margaret W. Irvine, deceased, and Samuel L. Irvine.

Joseph Donald Craven, Wilmington, for defendants Mary Hope Wilson and Helen G. Wilson Miller.

Thomas Herlihy, Jr., Wilmington, for defendants Frazer Wilson, Jeannette A. Wilson, Grace Wilson Gearhart, and Jeannette A. Wilson, executrix or administratrix of the estate of Samuel H. Wilson, deceased.

Henry Van Der Goes, of the firm of Young and Wood, Wilmington, for defendants Margaret W. Hanby, Frederick W. Kurtz, executor under the last will and testament of Mary E. Wilson, deceased, and Charles C. Kurtz, executor and trustee under the last will and testament of Martha B. Wilson, deceased.

BRAMHALL, Vice Chancellor.

In this case this court is asked to determine two issues: (1) whether or not the residuary estate left to brothers and sisters of the testator vested as of the date of his death or at the time of the death of the last life tenant; (2) if it should be decided that the residuary estate vested as of the time of the death of the testator, do the life tenants take as members of the class of brothers and sisters receiving the residuary estate?

Plaintiff is trustee under the last will and testament of James Wilson, deceased, who died on July 29, 1918, leaving a last will and testament dated October 25, 1915. After providing for certain specific bequests, testator gave and devised all his ‘ real and mixed estate’ to the Security Trust and Safe Deposit Company,-now the [33 Del.Ch. 378] Security Trust Company,-to two sisters, Martha B. Wilson and Mary E. Wilson, during their joint lives and during the lifetime of the

Page 530

survivor of them. Testator further provided that in the event that his sister, Margaret W. Irvine, should be left a widow, she should share equally with the two sisters above named in the benefits of the trust so ...


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