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Wills, Trusts & Estates Keyed to Bonfield
Security Trust Co. v. Irvine
Citation:
93 A.2d 528 (Del. 1953)Facts
Plaintiff serves as the trustee under the will of James Wilson, who died on July 29, 1918, leaving a will dated October 25, 1915. The will established a trust for his two sisters, Martha B. Wilson and Mary E. Wilson, during their joint lives and the lifetime of the survivor, with provisions for sharing the trust benefits with their sister, Margaret W. Irvine, if she were a widow. Upon the death of both sisters, the estate was to be divided equally among James’ surviving siblings and their heirs.
James’ siblings included Samuel H. Wilson, Margaret W. Irvine, Martha B. Wilson, Mary E. Wilson, and Henry Wilson. At the time of the will’s execution, the siblings ranged in age from 39 to 52 years. Martha and Mary both passed away without issue, with Martha dying on June 9, 1928, and Mary on August 18, 1951, terminating the trust.
Samuel H. Wilson predeceased them, leaving three children and the daughter of a deceased son. Other family members, including Samuel Irvine (sole legatee under Margaret W. Irvine’s will), and Margaret W. Hanby (beneficiary of estates from both Martha and Mary), are also involved. The estates of Martha B. Wilson and Mary E. Wilson have both been closed, with the final account approved in 1935 and 1952, respectively.
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