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In re Keil's Estate

Supreme Court of Delaware

November 25, 1958

In re ESTATE of Aaron KEIL, Deceased. Ada B. KEIL, Appellant,
v.
Samuel F. KEIL and Thomas M. Keith, Coexecutors under the Last Will and Testament of Aaron Keil, deceased, The Delaware Hospital, Incorporated, a corporation of the State of Delaware, St. Francis Hospital, Inc., a corporation of the State of Delaware, Wilmington General Hospital Association, Inc., a corporation of the State of Delaware, Homeopathic Hospital Association of Delaware, a corporation of the State of Delaware, Ladies Bichor Cholem Moshev Zekenim Society and Hachnosas Orchim, a corporation of the State of Delaware, Appellees.

Page 399

[51 Del. 362] Charles L. Paruszewski, Wilmington, for appellant.

Stewart Lynch, Wilmington, for St. Francis Hospital, Inc., appellee.

Blaine T. Phillips, Wilmington, for Delaware Hospital, Inc., appellee.

Robert H. Richards, Jr., and Stephen E. Hamilton, Jr., of Richards, Layton & Finger, Wilmington, for Wilmington General Hospital Ass'n, Inc., and Homeopathic Hospital Ass'n of Delaware, appellees.

H. Albert Young and Bruce M. Stargatt, Wilmington, for Ladies Bichor Cholem Moshev Zekenim Society and Hachnosas Orchim, appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

[51 Del. 363] SOUTHERLAND, Chief Justice.

On Petition for Reargument

Counsel for certain of the legatees takes exception to the following statement in our opinion of October 30, 1958, 145 A.2d 563:

'The payment of the debt by the survivor is certainly a benefit to the estate because it discharges a liability of the estate.'

It is said that this statement is incorrect, because the estate in this case now has no liability for the debt. Of course the only pertinency of this suggestion is to show that the debt has not been paid by the estate and will not be paid. Although the point was mentioned in the brief it was expressly abandoned at the argument. As we said in the opinion, the parties agreed that the executor was entitled to instructions, and we therefore did not consider or pass upon the necessity of payment as a prerequisite to contribution. It is now too late for the legatees to raise this question.

The petition for reargument is denied.

Petition to Intervene

In our opinion of October 30, 1958, we referred to the case of Carpenter v. Webb, [*] now pending in the Court of Chancery. The plaintiff in that case now petitions to intervene in this Court for the purpose of reargument.

Since the petitioner has no interest in the ...


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