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27 Del. 214

Barrett v. Sudler

Superior Court of Delaware

Decided July 9, 1913

Superior Court of Delaware · decided 1913-07-09

Summons Case (No. 32, July Term, 1913). Action by Lewaner Barrett against Charles J. Sudler, administrator d. b. n. of Joseph H. Massey, deceased, to recover a proportionate part of the distributive balance in the hands of the defendant administrator. Heard on a case stated by which it was agreed as follows: 1. That Joseph H. Massey, late of Kent County, deceased, departed this life intestate during or about the month of-, in the year 1911. 2.

Cited by 3 later decisions — most recently October 1983

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1913-07-09

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Per Curiam.

¶1Upon the authority of the cases cited, the court makes the following order:

¶2And now, to wit, this ninth day of July, in the year of our Lord, 1913, this case coming on to be heard before the court, upon a case stated, and the same having been argued by counsel for the plaintiff and defendant respectively, and the court being of the opinion that the issue of deceased brothers and sisters of Peter Massey, the father of Joseph H. Massey, whether of the whole blood or of the half blood, are entitled along with the next of kin of the said Joseph H. Massey claiming through his mother, Hester Ann Massey, to share in the fund belonging to the estate of the said Joseph H. Massey, deceased, as the next of kin of the said Joseph H. Massey:

¶3It is ordered, adjudged and décreed by the court that judgment be and the same is hereby entered for the plaintiff, Lewaner Barrett, and against the defendant, Charles J. Sudler, administrator d. b. n. of Joseph H. Massey, deceased, for the one-thirteenth part of the said sum of five thousand, one hundred and sixty-eight dollars and ninety-six cents, to wit, the sum of three hundred and ninety-seven dollars and sixty-one cents.

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