Ocheltree v. McDaniel
Superior Court of Delaware
Amicable Action, Case Case stated filed showing the following facts : First. That Maxwell B. Ocheltree, was in his life time the owner in fee simple of a farm or tract of land situate in Mill Creek Hundred, county and State aforesaid, described in a certain deed of Margaret Ocheltree to him, the said Maxwell B. Ocheltree, bearing date the seventh day of November, A. D. 1839, and duly recorded in the office for Recording Deeds, in and for New Castle County, in Peed Record E.,…
Read the full summary
Amicable Action, Case Case stated filed showing the following facts : First. That Maxwell B. Ocheltree, was in his life time the owner in fee simple of a farm or tract of land situate in Mill Creek Hundred, county and State aforesaid, described in a certain deed of Margaret Ocheltree to him, the said Maxwell B. Ocheltree, bearing date the seventh day of November, A. D. 1839, and duly recorded in the office for Recording Deeds, in and for New Castle County, in Peed Record E., Vol. 5, page 162, the nineteenth day of December, A. D. 1839, as by reference unto the said record here present and…
1Opinion of the Court
Lore, C. J.:
We think that the whole matter here turns upon the question of whether or not they were confined by the terms of *293the will to this one party, and that the burden is therefore upon Mr. Hoffeeker.
Francis H. Hoffeeker, for defendant:—The persons named as executors having refused to take letters testamentary, an administrator c. t. a. has no authority as such to make the sale directed by the will.
The direction to sell was a personal confidence in the executors named and it cannot be executed by the administrator.
Lockwood, admr. c. t. a. et. al. vs. Stradley et. al., 1 Del. Chancery,…
2Cases cited2 opinions
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
- Hale v. HaleMassachusetts Supreme Judicial Court · 1884
3Cited by2 opinions
- Roberts v. DownsCourt of Chancery of Delaware · 1945
- Esser v. ChimelCourt of Chancery of Delaware · 1943