May v. DuPont

HERRMANN, Justice.

The question on this appeal is whether less than all of the co-executors in the instant case may distribute the residuary estate under 12 Del.C. § 2312(b). 1

The will named three executors, two being the plaintiffs in this cause and the third being the defendant. After providing for the payment of debts, administration' expenses, charitable gifts and taxes, the will provided that the residue of the estate be conveyed to the plaintiffs and the defendant as co-trustees under eight separate equal trusts — one for each of the testator’s surviving children. The will provided that…