Cloud v. Whiteman
Court of Chancery of Delaware
Bill eor raising a legacy out oe real estate.— This case arose upon the will of Jacob Whiteman,deceased, dated April 15th, 1826. The testator, after first directing the payment of all his just debts and funeral expenses, devised to his son, Jacob Whiteman, in "fee simple, a tract of land, being part of the plantation on which the testator then resided.
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Bill eor raising a legacy out oe real estate.— This case arose upon the will of Jacob Whiteman,deceased, dated April 15th, 1826. The testator, after first directing the payment of all his just debts and funeral expenses, devised to his son, Jacob Whiteman, in "fee simple, a tract of land, being part of the plantation on which the testator then resided. He further devised to his son Christian, in fee simple, a tract of land then occupied by Christian ; and also bequeathed to' his said son, three hundred dollars, to be paid to him in three years after the testator’s decease. The testator then…
1Opinion of the Court
The questions argued related to the construction of the will—whether the legacy bequeathed to Mrs. Kibler was a charge on the real estate devised to the defendant; and *26if so, whether it had sunk into the residue upon her death before the day appointed for payment. Ho question was raised before the Chancellor as to the frame of the bill.
The Chancellor, at the hearing, doubted whether this will charged the pecuniary legacies on the land, and was of opinion that if such charge existed it had sunk into the residue for the benefit of the devisee on the death of Mrs. Kibler. He, therefore,…
2Cited by4 opinions
- Stephenson v. Commonwealth & Southern Corp.Supreme Court of Delaware · 1933
- Bodley v. JonesSupreme Court of Delaware · 1947
- Miller v. HamnerCourt of Appeals for the Third Circuit · 1920
- Jones v. BodleyCourt of Chancery of Delaware · 1944