Crumlish v. Delaware Trust Co.

RODNEY, J.,

delivering the opinion of the court:

The Chancellor in his opinion, reported in Delaware *378Trust Co. v. Fitzmaurice, ante p. 101, 31 A. 2d 383, did not directly pass upon the interest of John .S. Crumlish in his share of the residuary estate. By inference the Chancellor did consider the matter, for he held that the interest of John S. Crumlish in the fund of $837.88, created by the first codicil, was not subject to the trust set out in item 11 of the original will, but that the trust provisions of item 11 only referred to the interest of John S. Crumlish under item 10 of the will,…