Gilbert v. Smith

Seitz, Vice-Chancellor:

I must decide whether the *170testatrix, by use of the language “Every thing else in my room to Mrs. Carolyn Harris Gilbert,” intended thereby to bequeath the money in her savings account evidenced by a savings deposit book found in her room after her death.

This is a bill for instructions involving the will of Clara Nowell, deceased, filed by Carolyn Harris Gilbert, executrix. Clara Nowell died in Wilmington, Delaware on February 4, 1946, leaving a will which I shall quote:

“Sept. 30, 1945

“To Mrs. Carolyn Harris Gilbert, 632 S. Monroe St., Baltimore, Md. I give absolute…