Godwin v. Marvel

99 A.2d 354 (1953)

GODWIN et al.

v.

MARVEL et al.

Orphans' Court of Delaware, Kent.

August 12, 1953.

George M. Fisher and Herman C. Brown, both of Dover, for petitioners.

Max Terry, Dover, for certain respondents.

CAREY, Judge.

This case presents the problem of whether our intestate statute requires a per capita division among nephews and nieces, or a per stirpes division based upon the number of brothers and sisters of the intestate, where none of those brothers and sisters survive.

This question was answered, as to personal property, by Chancellor Ridgely in Richard Baning's Will, Orph. Ct., 3 Del.…