Legal Opinion

Hilles v. Hilles

Court of Chancery of Delaware

Decided July 13, 1916PublishedCited by 9 opinions

Bill for Construction of Will and instructions to executors. A bill was filed by the executors of Sarah T. Hilles for instructions as to their powers under her will, whereby she gave several legacies and then provided by the sixth item, as follows “All the rest, residue and remainder of my estate, of whatsoever kind and wheresoever the same may be at the time of my decease, I order and direct my executors to divide the same into four equal parts or shares; and one of said…

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Bill for Construction of Will and instructions to executors. A bill was filed by the executors of Sarah T. Hilles for instructions as to their powers under her will, whereby she gave several legacies and then provided by the sixth item, as follows “All the rest, residue and remainder of my estate, of whatsoever kind and wheresoever the same may be at the time of my decease, I order and direct my executors to divide the same into four equal parts or shares; and one of said parts or shares I give and bequeath unto my son, William S. Hilles absolutely; one other of said parts or shares I give…

1Opinion of the Court

The Chancellor.

The general question raised in the cause is as to the power of the executors of Sarah T. Hilles to sell and convey land of the decedent, and there are two provisions of the will bearing on the question. By the sixth item, after making sundry gifts, there was a direction that all the rest of her estate be divided by her executors into four equal parts, followed by a gift of the four parts one part absolutely to one son, another part absolutely to another son, one part to trustees in trust to be invested in securities for the benefit of one daughter and the remaining part in…

2Cases cited8 opinions

  1. Salisbury v. . SladeNew York Court of Appeals · 1899
  2. Powell v. . WoodcockSupreme Court of North Carolina · 1908
  3. Lockwood v. StradleyCourt of Chancery of Delaware · 1825
  4. Flinn v. FrankCourt of Chancery of Delaware · 1898
  5. Leeds v. SparksCourt of Chancery of Delaware · 1898

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Maloney v. JohnsonCourt of Chancery of Delaware · 1939
  2. Tippett v. TippettCourt of Chancery of Delaware · 1939
  3. Sapp v. SappCourt of Chancery of Delaware · 1953
  4. Sapp v. SappCourt of Chancery of Delaware · 1953
  5. Delaware Trust Co. v. duPontCourt of Chancery of Delaware · 1937

4 more not listed; retrieve them via the Exa API.

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