Security Trust & Safe Deposit Co. v. Ward
Court of Chancery of Delaware
Bill for Specific Performance. This is a bill f >r specific performance, the facts being these: Hannah M. Darlington owning a house and lot of land, situate on the westerly side of Shipley Street, and known as No. 919 Shipley Street, by deed dated July 14, 1885, conveyed the same to Thomas Darlington in trust to permit Anna and Emily Webb, and the survivor of them, to occupy it for life, and after the death of the survivor of them, as follows: “* * * To hold the same for the…
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Bill for Specific Performance. This is a bill f >r specific performance, the facts being these: Hannah M. Darlington owning a house and lot of land, situate on the westerly side of Shipley Street, and known as No. 919 Shipley Street, by deed dated July 14, 1885, conveyed the same to Thomas Darlington in trust to permit Anna and Emily Webb, and the survivor of them, to occupy it for life, and after the death of the survivor of them, as follows: “* * * To hold the same for the usé of such person or persons and for such estate or estates and subject to such limitations and provisos as the said…
1Opinion of the Court
The Chancellor.
As appears from the foregoing statement, it must first be determined whether Hannah M. Darling-ton duly executed the power of appointment reserved to herself in the conveyance she made to Thomas Darlington. The sub*412ject matter of the power being land in Delaware, the question as to the execution of it is governed by the law of Delaware, though the power was exercised, if at all, by a will made by a person domiciled in Pennsylvania and probated there. Lane v. Lane, 4 Pennewill 368, 55 Atl. 184, 64 L. R. A. 849, 103 Am. St. Rep. 122.
The Supreme Court of this State, in 1903, in the…
2Cases cited6 opinions
- Olney v. BalchMassachusetts Supreme Judicial Court · 1891
- Lane v. LaneSupreme Court of Delaware · 1903
- Harker v. ReillyCourt of Chancery of Delaware · 1871
- Humphrey v. CampbellSupreme Court of South Carolina · 1900
- Chandler ex rel. Noblit v. DelaplaineCourt of Chancery of Delaware · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wilmington Trust Co. v. Wilmington Trust Co.Court of Chancery of Delaware · 1935
- Kennedy v. Emerald Coal & Coke Co.Court of Chancery of Delaware · 1943
- Bodley v. JonesSupreme Court of Delaware · 1948
- Wilmington Trust Co v. GrierCourt of Chancery of Delaware · 1932
- Wier v. Howard Hughes Medical InstituteCourt of Chancery of Delaware · 1979
7 more not listed; retrieve them via the Exa API.