Wilmington Trust Co. v. Culhane

Seitz, Chancellor:

Plaintiff-executor seeks instructions as to whether or not the defendant-widow of the testator is entitled to an intestate share of his estate.

In 1937, the deceased, Paul J. Culhane (“testator”) married Helen Louise Prentiss. They had one child, Paul J. Culhane, Jr. Shortly after his birth on January 5, 1946, Helen Prentiss Culhane died intestate.

On June 20, 1946, the Orphans’ Court appointed the Wilmington Trust Company as guardian of the property of the son, Paul J. Culhane, Jr.

On June 26, 1946, the testator entered into a trust agreement with the Wilmington Trust Company…