Garabrant v. Callaway

The opinion of the court was delivered by

Case, J.

This is an appeal from a decree of the court of chancery, advised by Vice-Chancellor Church, directing the defendants to repay to the estate of Ida M. Garabrant, deceased, certain shares of the Public Service Corporation common stock received by them in excess, as was found, of the number of such shares to which they were entitled as legatees of the said decedent. This was in accordance with complainant’s contention that the testatrix, in bequeathing shares of corporate stock, must be understood to have given the shares in current issue and not…