Legal Opinion

Everitt v. Everitt

Supreme Court of Delaware

Decided December 3, 1958PublishedCited by 11 opinions

1Opinion of the Court

Southerland, Chief Justice:

This is an interpleader suit brought by Delaware Trust Company, Executor under the will of Deborah Morrison Rood. The interpleader claimants are Deborah Rood Everitt (herein “Deborah”), daughter of the testatrix, and Robert Howe Everitt (herein “Robert”), former husband of Deborah.

The dispute concerns the ownership of certain shares of the common stock of Hercules Powder Company constituting a portion of a legacy bequeathed to Robert under Mrs. Rood’s will. Deborah claims that Robert, by a letter of instruction to the executor, assigned the shares to her absolutely;…

2Cases cited5 opinions

  1. Maurer v. International Re-Insurance Corp.Supreme Court of Delaware · 1953
  2. Hob Tea Room, Inc. v. MillerSupreme Court of Delaware · 1952
  3. Globe Indemnity Co. v. Puget Sound Co.Court of Appeals for the Second Circuit · 1946
  4. McNamara v. Provident Sav. Life Assur. Soc.Court of Appeals for the Fifth Circuit · 1902
  5. Miller v. De PeysterThe Superior Court of New York City · 1855

3Cited by11 opinions

  1. Casson v. Nationwide InsuranceSuperior Court of Delaware · 1982
  2. Loretto Literary & Benevolent Institution v. Blue Diamond Coal Co.Court of Chancery of Delaware · 1982
  3. Wilmington Trust Co. v. CoulterCourt of Chancery of Delaware · 1965
  4. Wilmington Trust Company v. CoulterCourt of Chancery of Delaware · 1965
  5. Gotham Hotels, Ltd. v. Owl Club, Inc.Court of Special Appeals of Maryland · 1975

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