Legal Opinion
In re the Estate of Adkins
Orphan's Court of Delaware
Decided October 4, 1947PublishedCited by 3 opinions
1Opinion of the Court
Carey, Judge:
The jurisdiction of the Orphans’ Court to hear and determine applications of this nature was conferred by Volume 42, Laws of Delaware, Chapter 143, which is discussed somewhat in Glanding v. Industrial Trust Co., 28 Del. Ch. 499, 45 A. 2d 553, and In re Harris’ Estate, 28 Del. Ch. 590, 44 A. 2d 18. Clearly, this court must have *606authority to construe a will in order to carry out the duties imposed by this statute.
On behalf of the children of Lavinia Layton, it is contended that a per capita distribution is required. It is argued that the word “heirs,” when used in conjunction with…
2Cases cited18 opinions
- Glanding v. Industrial Trust Co.Supreme Court of Delaware · 1945
- Maclean v. WilliamsSupreme Court of Georgia · 1902
- Kelley v. VigasIllinois Supreme Court · 1884
- Allen v. BoardmanMassachusetts Supreme Judicial Court · 1906
- In re the Estate of NelsonCourt of Chancery of Delaware · 1909
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3Cited by3 opinions
- Myers v. Bank of DelawareCourt of Chancery of Delaware · 1959
- Myers v. Bank of DelawareSupreme Court of Delaware · 1959
- Chinn v. DownsCourt of Chancery of Delaware · 1980