May v. duPont

HERRMANN, Justice:

This appeal presents the question of whether the respondent co-executor is justified in refusing to join with his two co-executors, petitioners herein, in the distribution of the residuary estate, to themselves *786as testamentary trustees, before final tax clearances.

The basic facts of the case appear in our earlier opinion. See 216 A.2d 870. On July 9, 1965, soon after the earlier appeal was initiated, the petitioners, as a majority of the executors, delivered the residuary assets to the trustees on the ground that, because of 12 Del.C. § 3525,1 a transfer at that time was in…