James v. Equitable Security Trust Co.

Marvel, Vice Chancellor:

Joseph Ñaman died a resident of Wilmington, Delaware, on February 1, 1954, leaving a widow and a married daughter who are the beneficiaries named in his will. Mr. Ñaman’s last will, which he had executed on December 22, 1953, was admitted to probate in New Castle County. It named Albert W. James, executor, and Mr. James’ complaint requests instructions from this court on whether or not to sell or burden the testator’s residuary real estate in order to pay the testator’s widow a pecuniary bequest of $5,000 and to establish a trust which taxes maximum advantage of tire…