Schneer v. Greenbaum
Superior Court of Delaware
Action by Mary D. Schneer against Sarah Greenbaum. Judgment for plaintiff. Action on the Case (No. 82, January Term, 1913) for breach of contract.
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Action by Mary D. Schneer against Sarah Greenbaum. Judgment for plaintiff. Action on the Case (No. 82, January Term, 1913) for breach of contract. The case stated, signed by the respective counsel, disclosed the following facts: James D. Ware, late of New Castle County, deceased, by his last will and testament, dated the twenty-eighth of January, A. D. 1896, which after his death was duly admitted to probate and is of record in the office of the Register of Wills in and for New Castle County, did devise inter alla as follows: “I give, devise and bequeath to my adopted daughter, Sallie B. E.…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
[1, 2] The court being of the opinion that under the will of James D. Ware, mentioned in the foregoing case stated, his devisee, Sallie E. E. McClymont, became seized of an estate either in fee simple or fee tail in the lands devised to her, it is unnecessary to determine which of those estates she became seized of. If it was a fee simple estate there can be no question respecting the title' conveyed by the deed of Sallie E. E. Glesner (formerly McClymont) to Mary D. Schneer, and if it was an estate in fee tail there likewise can be no…
2Cited by2 opinions
- Delaware Trust Co. v. ElliottCourt of Chancery of Delaware · 1929
- Caccamo v. BanningSuperior Court of Delaware · 1950