Layton v. Jacobs
Superior Court of Delaware
Issue from Register of Wills Motion to Dismiss Petition for Review. “Susan W. Davis, one of the legatees under the will of the said Philip Richards, deceased, and one of the parties interested, by her attorney, specially appearing in this proceeding for the purpose, hereby moves the Court to vacate and dismiss the petition for review of the said will and that the Court decline to hear the issue heretofore sent to this Court by the Register of Wills, for the following…
Read the full summary
Issue from Register of Wills Motion to Dismiss Petition for Review. “Susan W. Davis, one of the legatees under the will of the said Philip Richards, deceased, and one of the parties interested, by her attorney, specially appearing in this proceeding for the purpose, hereby moves the Court to vacate and dismiss the petition for review of the said will and that the Court decline to hear the issue heretofore sent to this Court by the Register of Wills, for the following reasons, among others: 1. Because no citations were issued to the said Susan W. Davis and others interested under said will or…
1Opinion of the Court
Lore, C. J.:
—The counsel for the heirs state that they now represent and did represent the respective heirs-at-law, except John T. Jacobs, at the time the caveat was filed.
Mr. Jacobs is in Court by the waiving of notice as executor, and it appears to us, from statements made here by counsel in open Court, that all the parties who are interested are now in this Court virtually and have met this requirement of the statute. We, therefore, cannot grant your motion to remand the issue to the Register.
It is only fair to say that we think when proceedings are taken, either on a caveat or for a…
2Cases cited1 opinion
- State v. WilliamsDelaware Court of Oyer and Terminer · 1890
3Cited by1 opinion
- Criminal Injuries Compensation Board v. RemsonCourt of Appeals of Maryland · 1978