Hilford v. Way
Court of Chancery of Delaware
Bill in Equity for raising a legacy out of real estate. —John Way, by his last will and testament,dated August 15th,1807, bequeathed sundry pecuniary legacies;-—among others, a legacy of $866.66 to his daughter Martha, and a legacy of $1000.00 to his daughter Lydia.
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Bill in Equity for raising a legacy out of real estate. —John Way, by his last will and testament,dated August 15th,1807, bequeathed sundry pecuniary legacies;-—among others, a legacy of $866.66 to his daughter Martha, and a legacy of $1000.00 to his daughter Lydia. He then devised the residue of his estate as follows : “ My further will is that the remainder of my estate, if any there be, shall be equally divided between my two daughters aforesaid, Martha and Lydia, whom I appoint my executors.” The testator left both real and personal estate. After his death letters testamentary were…
1Opinion of the Court
Johns, Sr., Chancellor :
This is a general demurrer. If any part of the case made by the bill entitles the complainant to discovery, or to any relief, it is the general rule that the demurrer must be overruled and the defendant put to answer. 2 Madd. Ch. Pr. 283 : 1 Swanst. R. 304. The hill alleges that a balance of the legacy bequeathed to Lydia, late the wife of the complainant, remains unpaid, and that there is a deficiency of personal estate and of the rents of the real estate, exclusive of the rents not accounted for by Peter Mason, who for a time held the property and whose wife was…
2Cited by11 opinions
- Getchell v. RustCourt of Chancery of Delaware · 1899
- In re the Estate of SuttonOrphan's Court of Delaware · 1916
- Cooper v. BishopCourt of Chancery of Delaware · 1932
- Ferris v. FerrisCourt of Chancery of Delaware · 1916
- J. C. Pitman & Sons, Inc. v. PitmanCourt of Chancery of Delaware · 1946
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