Baker v. Fooks
Court of Chancery of Delaware
Bill for instructions by a trustee.—The bill alleged that Benjamin F. Fooks died February 3, 1895, leaving to survive him a widow, Mary Ida Fooks, one of the respondents, and a child, Sallie Fooks, about the age of eleven years, both of whom were living, having in his lifetime made his will, which was proved before the Register of Wills for Sussex County and recorded in Will Book R, No. 17, folio 163, and in and by which the testator appointed his sister, Elizabeth J.…
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Bill for instructions by a trustee.—The bill alleged that Benjamin F. Fooks died February 3, 1895, leaving to survive him a widow, Mary Ida Fooks, one of the respondents, and a child, Sallie Fooks, about the age of eleven years, both of whom were living, having in his lifetime made his will, which was proved before the Register of Wills for Sussex County and recorded in Will Book R, No. 17, folio 163, and in and by which the testator appointed his sister, Elizabeth J. Wright, one of the respondents, to be the executrix thereof, and letters testamentary were duly granted unto her. In and by…
1Opinion of the Court
The Chancellor
upon consideration of the bill and answer, the suggestions of counsel and the provisions of the will of the said Benjamin F. Fooks, deceased, was of opinion that the fund of $25,000 specifically bequeathed in trust for the benefit of the said Mary Ida Fooks, during her natural life, should remain in the hands of the complainant as trustee as at present held by him, without being separated from the general fund, until the further order of the Chancellor, and he directed that the trustee should pay out of the income produced by the entire trust fund, to the said widow, the sum of…
2Cited by3 opinions
- Equitable Trust Co. v. KentCourt of Chancery of Delaware · 1917
- Equitable Guarantee & Trust Co. v. McCurdyCourt of Chancery of Delaware · 1916
- Reid v. DodgeCourt of Appeals for the D.C. Circuit · 1916