Kirkwood v. Mitchell
Court of Chancery of Delaware
Bill in Equity to recover a legacy.—Alexander Smith, by his will, bequeathed a legacy to Robert S. Kirk-wood. The bill was filed by the legatee against the defendant as the administrator de bonis non of John Mitchell, dec’d, who in his lifetime was the surviving executor of Alexander Smith, the testator.
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Bill in Equity to recover a legacy.—Alexander Smith, by his will, bequeathed a legacy to Robert S. Kirk-wood. The bill was filed by the legatee against the defendant as the administrator de bonis non of John Mitchell, dec’d, who in his lifetime was the surviving executor of Alexander Smith, the testator. At the July Term, 1819, a demurrer to the bill was filed, and the following causes of demurrer assigned, viz : 1. That the complainant, did not in his bill set'forth that he, the complainant, had sued out administration on the estate of Alexander Smith, the testator; and, therefore, he hath…
1Opinion of the Court
The Chancellor
was of opinion* that the legatee might sue in this Court the personal representative of the executor who had received assets of the testator sufficient to pay the legacy.
The demurrer was overruled, and the defendant ordered to answer.
The Chancellor’s order was afterwards, at the June *132Term, 1820, affirmed by the High Court of Errors and Appeals.
Afterwards, at March Term, 1821, this cause came again before the Chancellor, for a hearing upon the bill, answer and exhibits. Pending the hearing it appeared that John Mitchell, deceased, who in his lifetime was the surviving executor of…
2Cited by2 opinions
- Glanding v. Industrial Trust Co.Supreme Court of Delaware · 1945
- Walker v. CaldwellCourt of Chancery of Delaware · 1896