Delaware Trust Co. v. Elliott

The Chancellor.

John L. Elliott, 2nd, claims to be entitled to the payment to him absolutely of the fund now in the hands of the administrator c. t. a. awaiting distribution. Inasmuch as that fund is made up in part from the proceeds of sale of real estate mentioned in both the ninth and tenth items of the will, the claim set up by John L. Elliott, 2nd, requires that the court shall place a construction upon both of those items.

I will consider first the ninth item which devises to John L. Elliott, 2nd, an interest in “Delmont.” Taking the whole will into account the devise of “Delmont” was…