Indus. Trust Co. v. Glanding

CourtCourt of Chancery of Delaware
Citation38 A.2d 752
Decision Date22 July 1944

38 A.2d 752


Court of Chancery of Delaware.

July 22, 1944.

Bill for instructions filed by Industrial Trust Company, a corporation of the State of Delaware, administrator With The Will Annexed under the will of Herman Glanding, deceased, against Howard S. Glanding and others.

Order in accordance with opinion.

38 A.2d 753

Bill for Instructions filed by the Administrator, C. T. A., of Herman Glanding, deceased.

The case was before the Court on final hearing on bill, answers and exhibits.

Herman Glanding died, testate, January 11th, 1943, a resident of the City of Wilmington. His wife, Alice W. Glanding, the executrix named in his will, dated November 8th, 1910, predeceased him, and on June 22nd, 1943 Letters of Administration C. T. A. were granted on his estate to the Industrial Trust Company, the complainant.

The defendants appeared and filed answers. June Ellen Glanding, a minor, answered by her Guardian at litem.

Howard S. Glanding and Reba W. Taylor alleged in their joint and several answer that they were children of the deceased, and his only surviving issue, and, as such, were entitled to the whole of his personal property.

June Ellen Glanding, the adopted daughter of Charles Wesley Glanding, a deceased son of Herman Glanding, who had died in his lifetime, alleged that she was entitled to the same share of the personal property of Herman Glanding, deceased, as the said Charles Wesley Glanding would have been entitled to had he survived his father.

The Administrator C. T. A. sought instructions with respect to the proper distribution of the personal property belonging to the estate of the said Herman Glanding, deceased.

Other material facts will appear in the opinion of the Court.

William Poole (of Southerland, Berl & Potter), of Wilmington, for complainant.

George C. Hering, Jr., of Wilmington, for Howard S. Glanding and Reba W. Taylor.

James R. Morford and Thomas Cooch (of Marvel & Morford), of Wilmington, for June Ellen Glanding.


The will of Herman Glanding, in part, provides:

“Second: I give, devise and bequeath unto my beloved wife Alice W. Glanding all my property, real, personal and mixed, of whatever nature or kind and wheresoever the same may be situate to her and her heirs and assigns forever”.

There are no other material provisions in that instrument.

As Alice W. Glanding, the wife of the testator, predeceased him, the bequest to her never took effect, so, for all practical purposes, he died...

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9 cases
  • Finstuen v. Crutcher
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • August 3, 2007
    ... ... Employers Ins. Co. v. Indus. Accident Comm'n, 306 U.S. 493, 501, 59 S.Ct. 629, 83 L.Ed. 940 (1939). The Clause "is one of the ... 309, 718 P.2d 660, 665 (1986); Wachovia Bank and Trust Co., N.A. v. Chambless, 44 N.C.App. 95, 260 S.E.2d 688, 692 (1979); Delaney v. First Nat'l Bank, ... at 615, 35 S.Ct. 718. OSDH follows at least one other state, see Indus. Trust Co. v. Glanding, 38 A.2d 752, 754 (Del.Ch.1944), in misconstruing Hood to mean that the Full Faith and Credit ... ...
  • Woolford v. Woolford
    • United States
    • Delaware Family Court
    • October 11, 1950
    ...the adoption statute are of little help in solving the present problem. The cases of Industrial Trust Co. v. Glanding, 28 Del.Ch. 125, 38 A.2d 752, affirmed in Del., 46 A.2d 881, and Rhoads v. McFarland, 28 Del.Ch. 232, 40 A.2d 542, are perhaps material to the extent that they hold that the......
  • Delaney v. First Nat. Bank in Albuquerque
    • United States
    • New Mexico Supreme Court
    • September 3, 1963
    ... ... Bank in Albuquerque, as trustee, for an accounting and for distribution of the corpus of the trust which had been established by a codicil to the last will and testament of Lawrence T. Delaney, ... v. Glanding, 28 Del.Ch. 125, 38 A.2d 752, aff'd. 28 Del.Ch. 499, 45 A.2d 553, other courts hold that the ... ...
  • Glanding v. Indus. Trust Co.
    • United States
    • United States State Supreme Court of Delaware
    • November 26, 1945
    ...because of the death of the sole beneficiary under the will before that of testator. From a decree of distribution, Del.Chancery Court, 38 A.2d 752, defendant ward, by her guardian ad litem, appeals. Decree upholding jurisdiction of the Court of Chancery. RODNEY and SPEAKMAN, JJ., dissentin......
  • Request a trial to view additional results

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