Legal Opinion

Warren v. Morris

Court of Chancery of Delaware

Decided September 15, 1871PublishedCited by 11 opinions

Bill by Executor for Instructions.—This bill was filed by John W. Warren, executor of the last will and testament of Elijah Morris, deceased, for the instruction of the Court as to his duty as executor and the rights and interests of the parties claiming under the said will. The will was executed December y, 1861, and duly probated March 25, 1868, the testator having died February 26, 1868.

1Opinion of the Court

The Chancellor :—

This is a bill for instructions touching the disposal, by the Executor of Elijah Morris deceased, of the unappropriated balance of the decedent’s personal estate. The rights of the parties claiming an interest in the fund depend upon several questions, which have been argued at the bar.

First, is the question whether the testator’s widow, Ann E. Morris, is entitled to claim both the legacy given to her by the will and her dower, in the testator’s lands— taking with respect to the dower, an equivalent interest in the proceeds of sale—the lands having been converted into money…

2Cases cited7 opinions

  1. Williamson v. WilliamsonNew York Court of Chancery · 1837
  2. Wood v. WoodNew York Court of Chancery · 1836
  3. Lord v. LordSupreme Court of Connecticut · 1854
  4. Isenhart v. BrownNew York Court of Chancery · 1832
  5. Mitchell v. BlainNew York Court of Chancery · 1836

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In re the Estate of GotzianSupreme Court of Minnesota · 1885
  2. Holman v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1912
  3. In re McKayNew York Surrogate's Court · 1893
  4. In re the Judicial Settlement of the Estate of WoodburyNew York Surrogate's Court · 1903
  5. Rice v. RiceCourt of Chancery of Delaware · 1920

6 more not listed; retrieve them via the Exa API.

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