St. James' Church v. Walker
Court of Chancery of Delaware
Bill for a Legacy.—Nuncupative Will.—The complainant was a religious society, duly incorporated under the laws of the State of Delaware, by the name of “ St. James’ Church,” and had the legal capacity to take by gift, devise, bequest, &c.
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Bill for a Legacy.—Nuncupative Will.—The complainant was a religious society, duly incorporated under the laws of the State of Delaware, by the name of “ St. James’ Church,” and had the legal capacity to take by gift, devise, bequest, &c. Samuel Walker, a member of the congregation, residing in Chester County in the State of Pennsylvania, on the 7th of November, 1821, made a nuncupative will, in the presence of three witnesses, and thereby bequeathed to the complainant a legacy of four hundred dollars. Walker died on the same day, in Chester County aforesaid, and on the llth of November…
1Opinion of the Court
Ridgely, Chancellor.
It appears that Samuel Walker? the testator, at the time when the said nuncupative will was made, resided in Pennsylvania, at the house of J ames Walker, where he had resided about eight or nine years. The words were spoken in his last sickness, about six hours before his death, and were committed to writing within four days after they were uttered. The will was proved in Chester county, in the State of Pennsylvania, according to the certificate of B. Hiester, Register for the probate of wills in that county.
The State of Pennsylvania being the domicil of the testator at…
2Cases cited1 opinion
- Morrell v. DickeyNew York Court of Chancery · 1814
3Cited by8 opinions
- Glanding v. Industrial Trust Co.Supreme Court of Delaware · 1945
- Cannon v. SeyboldtIdaho Supreme Court · 1935
- Delaware Trust Co. v. McCuneCourt of Chancery of Delaware · 1951
- Delaware Trust Co. v. McCuneCourt of Chancery of Delaware · 1951
- Downs v. CaspersonCourt of Chancery of Delaware · 1934
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