In re the Estate of Sutton
Orphan's Court of Delaware
Petition of Executors to Sell Land of Decedent to Pay His Debts. The executors of James F. Sutton filed a petition for the sale of lands of the testator for the payment of his debts, the personal estate being insufficient for the purpose. The testator at the date of the will and at his death owned seven parcels of real estate, each of which was encumbered by a mortgage made by him.
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Petition of Executors to Sell Land of Decedent to Pay His Debts. The executors of James F. Sutton filed a petition for the sale of lands of the testator for the payment of his debts, the personal estate being insufficient for the purpose. The testator at the date of the will and at his death owned seven parcels of real estate, each of which was encumbered by a mortgage made by him. By his. will the testator directed his executors to pay his debts, gave specifically two parcels for life to one now dead and at her death to Daisey E. Christy; then gave specifically one other lot to Carrie S.…
1Opinion of the CourtCurtis, P. J.
In this case the. personal property of the deceased was so insignificant in amount and in proportion to the debts of the decedent that it may be ignored. So also the existence of specific bequests will be ignored, because the value of the property so bequeathed is small.
The questions arise, then, between specific devisees and residuary devisees. Each of the seven parcels of .real estate owned by the testator at the time óf his death was incumbered by a-separate mortgage made by him. It will be assumed, as stated by counsel, that the testator owned all of the seven parcels at the time of the…
2Cases cited10 opinions
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- In re Estate of WoodworthCalifornia Supreme Court · 1867
- Kelly v. RichardsonSupreme Court of Alabama · 1892
- Farnum v. BascomMassachusetts Supreme Judicial Court · 1877
- Rambo v. RumerCourt of Chancery of Delaware · 1866
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3Cited by7 opinions
- McAllister v. McAllisterSupreme Court of Iowa · 1921
- Eddington v. TurnerSupreme Court of Delaware · 1944
- Equitable Trust Co. v. BestCourt of Chancery of Delaware · 1949
- Rice v. RiceCourt of Chancery of Delaware · 1920
- Skinner v. ReddingCourt of Chancery of Delaware · 1946
2 more not listed; retrieve them via the Exa API.