Gray v. Corbit
Court of Chancery of Delaware
This was a Bill in Equity, filed by the complainant as administrator of Richard Thomas, deceased, to obtain a construction of the will of Samuel Thomas, deceased. .The case was argued before the Chancellor at the February term, 1871, and the opinion delivered upon the questions which had been discussed, the Chancellor holding that the surplus of rents and profits devised in trust for Richard Thomas’ maintenance were subject to a resulting trust to the heirs at. law of Samuel…
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This was a Bill in Equity, filed by the complainant as administrator of Richard Thomas, deceased, to obtain a construction of the will of Samuel Thomas, deceased. .The case was argued before the Chancellor at the February term, 1871, and the opinion delivered upon the questions which had been discussed, the Chancellor holding that the surplus of rents and profits devised in trust for Richard Thomas’ maintenance were subject to a resulting trust to the heirs at. law of Samuel Thomas, deceased. The facts in the case and the provisions of the will drawn under consideration by the pleadings were…
1Opinion of the Court
The Chancellor:—
The Court having, upon the general hearing of the cause, concluded that there is a resulting trust to the heirs-at-law of Samuel Thomas, the testator, of the surplus rents accumulated at Richard Thomas’ death, from the moiety of the real estate devised for his benefit, the object of the present argument has been to ascertain among whom, under such resulting trust, the fund is now distributable.
Three questions have been discussed :—
I. Whether the trust resulted to the immediate heirs-at-law of Samuel Thomas, passing to them at his decease, an interest transmissible upon the…
2Cases cited2 opinions
- Cook v. HammondU.S. Circuit Court for the District of Massachusetts · 1827
- Hillhouse v. ChesterU.S. Circuit Court for the District of Connecticut · 1808
3Cited by7 opinions
- In re the Estate of NelsonCourt of Chancery of Delaware · 1909
- Stabler v. RamsayCourt of Chancery of Delaware · 1948
- Magee v. ChambersCourt of Chancery of Delaware · 1929
- Huxley v. Security Trust Co.Court of Chancery of Delaware · 1943
- In re the Estate of WhiteOrphan's Court of Delaware · 1944
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