Werntz v. Kane, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES H. WERNTZ, JR. and § ANNE W. MOFFATT, § No. 557, 2003 § Plaintiffs Below, § Appellants, § Court Below Superior Court § of the State of Delaware, v. § in and for New Castle County § C.A. No. 01C-11-026 PAMELA S. KANE, BOYD § A. HOPKINS, MARK § BRADLEY, PATRICIA § BRADLEY, RUTH H. § HAMMOND (TRUSTEE), § MARY J.H. MATHEWSON § (TRUSTEE), § § Defendants Below, § Appellees. Submitted: May 11, 2004 Decided: June 3, 2004 Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices. ORDER This third day of June 2004, the Court having considered this matter after oral argument and on the briefs filed by the parties has determined that the final judgment of the Superior Court should be affirmed on the basis of and for the reasons assigned by the Superior Court in its decisions dated July 31, 2002 and November 27, 2002. NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice No. 557, 2003 Richard H. Cross, Jr., Esquire Cross & Associates P.O. Box 1380 Wilmington, DE 19899-1380 John James Conly, Esquire 301 S. DuPont Road, Suite H Wilmington, DE 19804 Honorable Fred S. Silverman Superior Court of Delaware New Castle County Courthouse 500 N. King Street, Suite 10400 Wilmington, DE 19801-3733

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