Wilmington Trust Co. v. Jacobs
Court of Chancery of Delaware
Bill for Instructions by a Trustee. The bill alleged that William Holland Jacobs died January 26th, 1891, leaving to survive him a widow, Jennie K. Jacobs, and one child, Elizabeth Vaughan Jacobs, the defendant, and in his lifetime made his will, which was duly proved before the Register of Wills for New Castle County.
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Bill for Instructions by a Trustee. The bill alleged that William Holland Jacobs died January 26th, 1891, leaving to survive him a widow, Jennie K. Jacobs, and one child, Elizabeth Vaughan Jacobs, the defendant, and in his lifetime made his will, which was duly proved before the Register of Wills for New Castle County. In and by the said will, the testator, after directing that all of his just debts be paid, gave the residue and remainder of his estate to his wife, Jennie K. Jacobs, on the following conditions: “First. That the said Jennie K. Jacobs shall not marry again, and if she shall…
1Opinion of the Court
The Chancellor :
The present trustee, appointed by the Chancellor, under the will of William Holland Jacobs, has filed a bill for instructions, and the.defendant in the bill, the sole beneficiary of the trust, has filed an answer admitting the. allegations of the bill. The will is clumsily drawn and contains some inconsistencies, but it reasonably appears to indicate the intentions of the testator to be briefly as follows:
All his estate, after the payment of his debts, he gives to his executor, as trustee, upon an active trust for the benefit of his-wife and child. He directs that the estate…
2Cases cited1 opinion
- Collins v. ServersonCourt of Chancery of Delaware · 1864
3Cited by5 opinions
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- Industrial Trust Co. v. MonaghanCourt of Chancery of Delaware · 1948